General Power of Attorney

​

A general power of attorney authorises a person to act on your behalf in limited circumstances. The scope of this authority and the duration of its effect depend on the terms of the power.

​

For example, you could grant a general power of attorney to:

​

• Sell your house for a specific figure

• Operate your bank account

• Give someone control of all your business affairs

• Act on your behalf while you are overseas or in hospital

 

A general power of attorney can specify when and in what circumstances it will operate, and will cease on completion of those circumstances (e.g. the sale of a house) or when the donor withdraws it, preferably in writing.

​

A general power of attorney ceases immediately when a donor dies, becomes bankrupt or becomes mentally or physically incapable of running their affairs.

​

Formal requirements

 

A power of attorney needs to be in writing and made by a person over 18 years of age who is able to understand the nature of the power of attorney.

​

Documents signed by your attorney on your behalf will include a note stating they sign in their capacity as your power of attorney.

​

The attorney must keep accurate records of all dealings and transactions made pursuant to the power of attorney.

​

Powers of attorney should be kept in a safe place such as a lawyer’s office or a bank. You and your attorney should keep copies of your power of attorney.

​