Ordinary Power of Attorney | Nigel Shepherd, Barrister-at-Law

If you are unsure which you need, seek legal advice.

How an OPA differs from an LPA

Unlike an LPA, an OPA is automatically revoked if the donor loses mental capacity, dies, or becomes bankrupt (for property and financial powers).
The donor can revoke the OPA at any time, in writing, while they have capacity.
It is good practice to notify the attorney(s), and any third parties relying on it.

Requirements for validity

The donor must have mental capacity at the time of signing.
The document must be signed as a deed — meaning it must be signed, witnessed, and delivered.
The witness must be independent — not the attorney.
The witness should be over 18, and should not be a party to the document.

Revoking an OPA

A revocation of Power of Attorney must contain:

Details of the donor and the attorney; and
The date the revocation takes effect.
Witnesses are required when signing a deed of revocation — at least 18 years old, and not related to either the donor or the attorney.

The relevant legislation for both Ordinary and Lasting Powers of Attorney in England & Wales is the Powers of Attorney Act 1971.

A template, drafted for £120

I can draft an Ordinary Power of Attorney for a fixed fee of £120. Below is the kind of template used — appointing your attorney(s), deciding how they act, and setting the scope of their authority.

ORDINARY POWER OF ATTORNEY

THIS POWER OF ATTORNEY is made on by:

Donor

Name:

Address:

Date of birth:

I appoint the following person(s) as my attorney(s)

Attorney 1 — Name:

Address:

Date of birth:

(Attorney 2, if applicable, is set out in the same way.)

If more than one attorney is appointed

Choose one — delete as appropriate:

Jointly — they must all agree, and act together, on every decision; or
Jointly and severally — they may act together, or independently of each other; or
Jointly in respect of specified matters, and jointly and severally for all other matters.

Scope of authority

Choose one — delete as appropriate:

General authority to act on the donor’s behalf in relation to all property and financial affairs; or
Authority limited to specific matters only — for example, managing a named bank account, selling a named property, or conducting a specific transaction.

Restrictions and conditions

Set out any restrictions, or state “none” — for example, that the attorney(s) may not sell the donor’s residential property, may not make gifts exceeding a stated amount, or that the power remains in force only until a stated date or the completion of a specific transaction.

Declaration by the donor

I have read (or have had read to me) the above provisions. I understand that this is an Ordinary Power of Attorney, and that it will cease to have effect if I subsequently lose mental capacity. I understand that I have the right to revoke this power of attorney at any time while I have mental capacity.

Signed as a deed by the donor

Signature: Date:

In the presence of — witness signature:

Witness name & address:

Witness occupation:

Acceptance by attorney(s)

I/we confirm that I/we have read this power of attorney, and understand the authority granted, and the duties and responsibilities that arise from this appointment.

Attorney signature: Date:

Witness signature, name & address:

Relevant statutes governing the execution of deeds in England & Wales include the Law of Property (Miscellaneous Provisions) Act 1989 and the Companies Act 2006. Powers of Attorney themselves are governed by the Powers of Attorney Act 1971, the Trustee Act 1925 and the Trustee Delegation Act 1999.

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