Free General Power of Attorney Template (UK)

A general (ordinary) power of attorney is governed by the Powers of Attorney Act 1971. Section 10 provides that a general power of attorney in the prescribed form confers on the attorney authority to do on behalf of the donor anything which the donor can lawfully do by an attorney. The prescribed form is set out in Schedule 1 to the Act. Under section 4 of the Powers of Attorney Act 1971, a power of attorney must be executed as a deed — this means it must be in writing, signed by the donor, witnessed, and expressed to be a deed. The critical limitation is that a general power of attorney is automatically revoked if the donor loses mental capacity (Yonge v Toynbee [1910] 1 KB 215). Under the Mental Capacity Act 2005, section 1, a person lacks capacity if they are unable to make a decision for themselves because of an impairment of, or a disturbance in the functioning of, the mind or brain. If you need a power of attorney that continues after loss of capacity, you must make a lasting power of attorney (LPA) under sections 9-14 of the Mental Capacity Act 2005 and register it with the Office of the Public Guardian. A general power of attorney does not need to be registered with the OPG.