Powers of attorney
A note providing an overview of the different types of powers of attorney under the laws of England and Wales. The note focusses on ordinary powers of attorney, which are commonly used in commercial and transactional contexts, but also briefly discusses Lasting Powers of Attorney (LPAs) and Enduring Powers of Attorney (EPAs). This note outlines the key legal formalities for creating a valid ordinary power of attorney, including the requirement for execution as a deed. It explores the scope of an attorney's authority, distinguishing between general and specific powers, and examines the limits on powers that can be delegated, including delegation by trustees and company directors. This note also covers the creation of irrevocable powers, such as those given by way of security under the Powers of Attorney Act 1971 (POAA 1971), the process for terminating or revoking a power, and statutory protections for attorneys and third parties.
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