Power of Attorney
A power of attorney is a deed by which one person (the donor) authorises another (the attorney) to act on the donor's behalf in property, financial or business matters. This template is a general power of attorney under the Powers of Attorney Act 1996: it works only while the donor has capacity and ends if the donor loses capacity. Since 26 April 2023 an enduring power of attorney, which continues after loss of capacity, can only be made under the Assisted Decision-Making (Capacity) Act 2015 and must be registered with the Decision Support Service.
Power of Attorney
POWER OF ATTORNEY
THIS DEED is made on [date]
BY
Donor: [full name], of [address] ("the Donor")
1. APPOINTMENT
The Donor appoints [full name], of [address] ("the Attorney") to act as the Donor's attorney.
2. AUTHORITY
The Attorney is authorised to do the following on the Donor's behalf:
[general authority to manage the Donor's property and financial affairs] / [the following specific acts: [list, e.g. to sell the property at [address]; to operate bank account [____]; to sign [specified] documents]].
The Attorney shall act in the Donor's best interests and within the scope of this authority.
3. TYPE OF POWER
This is a general power of attorney made under the Powers of Attorney Act 1996. [It is NOT an enduring power and will cease to have effect if the Donor loses mental capacity. To provide for that situation, a separate enduring power of attorney under the Assisted Decision-Making (Capacity) Act 2015 is required.]
4. DURATION
This power takes effect on [date] and continues until [revoked by the Donor / the date specified: [date] / completion of the specified act].
5. DELEGATION AND LIMITS
The Attorney may not delegate this authority. The Attorney shall keep the Donor's money and property separate from the Attorney's own and shall keep proper records of any dealings.
6. REVOCATION
The Donor may revoke this power at any time by written notice to the Attorney while the Donor has capacity to do so.
7. GOVERNING LAW
This Deed is governed by the law of Ireland.
IN WITNESS whereof the Donor has executed this document as a deed.
Signed and delivered as a deed by the Donor: ______________________ Date: __________
Witness signature: ______________________
Witness name and address: ______________________
Legal basis
Frequently asked questions
What is the difference between a general and an enduring power of attorney?
A general power of attorney under the Powers of Attorney Act 1996 lets an attorney act while the donor has capacity, and it ends automatically if the donor loses capacity. An enduring power of attorney under the Assisted Decision-Making (Capacity) Act 2015 is designed to continue after loss of capacity, can cover personal welfare as well as property, and only has effect once registered with the Decision Support Service.
Can I still make an enduring power of attorney under the 1996 Act?
No. Since 26 April 2023 new enduring powers can only be made under the 2015 Act through the Decision Support Service. Enduring powers validly made under the 1996 Act before that date remain valid and continue to be registered with the High Court Office of Wards of Court when the donor loses capacity.
Does a general power of attorney need to be witnessed?
Yes. A power of attorney must be executed as a deed, which for an individual means signing in the presence of a witness who attests the signature. Banks and the Land Registry may ask for the original deed or a certified copy and may have their own forms, so check their requirements before relying on this template.
Can I limit what the attorney can do?
Yes. A power of attorney can be general, covering the donor's property and financial affairs, or limited to specific acts such as selling a named property or operating one account. Clause 2 of this template lets you set the exact scope; the narrower and clearer it is, the less room for misuse.
How do I cancel a power of attorney?
While the donor has capacity, a general power of attorney can be revoked at any time by written notice to the attorney; anyone who relies on it, such as a bank, should also be told in writing. A registered enduring power under the 2015 Act is revoked by notifying the Decision Support Service under the procedure set by the Act.