General Power of Attorney

General Power of Attorney Template (England & Wales) – Structured following the Powers of Attorney Act 1971

ℹ️ Which Power of Attorney do you need?

Understanding the difference between a General Power of Attorney (GPA) and a Lasting Power of Attorney (LPA) is important before you proceed. This template creates a GPA.

Feature General Power of Attorney (this template) Lasting Power of Attorney (LPA)
Continues if Donor loses mental capacity? No. Automatically ends if Donor loses capacity. Yes. Designed to continue after loss of capacity.
Registration required? No. Valid immediately on signing. Yes. Must be registered with the Office of the Public Guardian (OPG) — takes approx. 20 weeks, costs £82 per LPA.
Speed of use Immediate — use as soon as signed and witnessed. Delayed — cannot be used until OPG registration is complete.
Covers health & welfare decisions? No. Financial and property matters only. Health & Welfare LPA only (separate document required).
Best suited for Short-term — Donor is temporarily unavailable (abroad, travelling, hospitalised) but retains full capacity. Long-term planning — preparing for possible future loss of capacity due to illness, accident or age.
OPG oversight None. No registration or supervision. Yes. OPG registers and monitors — added protection against abuse.
Governing law Powers of Attorney Act 1971; LP(MP)A 1989. Mental Capacity Act 2005; LPA Regulations 2007.
⚠️ If the Donor may lose mental capacity in the future — due to age, illness or any other reason — a General Power of Attorney alone is not sufficient. A registered Lasting Power of Attorney (Property and Financial Affairs) should also be put in place. This GPA will cease automatically the moment the Donor loses capacity.

👤 Section 1: Donor Details

The Donor is the person granting the power — you. You must be aged 18 or over and have full mental capacity at the time of signing. A General Power of Attorney ceases automatically if the Donor loses mental capacity.
This is the date the deed is executed (signed)

⚖️ Section 2: Attorney Details

The Attorney is the person you are authorising to act on your behalf. They must be aged 18 or over and must not be an undischarged or interim bankrupt. You may appoint one attorney or two attorneys. If you appoint two, choose whether they must act jointly or may each act separately.
? One attorney acts alone. Two attorneys may act jointly (both must agree on every decision) or jointly and severally (each may act independently).

Attorney 1

e.g. Spouse, Adult Child, Sibling, Solicitor, Friend

📋 Section 3: Scope of Authority

A General Power of Attorney structured following Section 10 of the Powers of Attorney Act 1971 grants your attorney authority to do on your behalf anything which you can lawfully do by an attorney. You may additionally specify limited or specific powers below.
? General authority covers all financial and property matters. Specific authority limits the attorney to particular tasks only. Note: a General Power of Attorney cannot be used for health and welfare decisions.
Be as precise as possible. Powers not listed will not be granted.

Additional Powers to Include (tick all that apply)

⚠️ Using this GPA for a property sale or transfer — important guidance

A General Power of Attorney can be used for property transactions, but HM Land Registry has specific requirements. Be aware of the following before proceeding:

  • Donor must retain capacity throughout. This GPA becomes invalid the moment the Donor loses mental capacity. If there is any doubt, a registered Lasting Power of Attorney (Property and Financial Affairs) is required instead.
  • 12-month rule. If this GPA is more than 12 months old at the time of the property transaction, HM Land Registry may require a statutory declaration or statement of truth from the attorney confirming the power has not been revoked and the Donor still has capacity. Always raise this with your conveyancer before exchange of contracts. (Powers of Attorney Act 1971, s.4; HM Land Registry Practice Guide 9.)
  • Certified copy — your conveyancer handles this. HM Land Registry requires a certified copy of the GPA to be lodged with the application — not the original. Your conveyancer will take the original GPA from you at the outset, certify a copy themselves (by signing each page to confirm it is a true copy), and submit it to Land Registry. You do not need to visit a solicitor separately to get this done — it is a standard part of the conveyancing process. (Powers of Attorney Act 1971, s.3; HM Land Registry Practice Guide 9.)
  • Beneficial interest statement. If the property is jointly owned or held on trust, the attorney may need to provide a written statement (within 3 months of the transaction) confirming the Donor had a beneficial interest. (Trustee Delegation Act 1999, s.2(2).)
  • Identity evidence. HM Land Registry may require identity evidence for both the Donor and the attorney — see HM Land Registry Practice Guide 67.
  • Attorney cannot sell to themselves. Selling the Donor's property to the attorney or a connected person is not permitted under this GPA unless expressly authorised.
  • No gifts or undervalue sales. An attorney cannot gift or sell at undervalue unless expressly authorised by the Donor in the restrictions section below.

📅 Section 4: Duration & Restrictions

? A General Power of Attorney automatically ends when you lose mental capacity, or when it is revoked, or when you die. You may also set an end date. If no end date is set, it continues indefinitely whilst you retain capacity.
Date on which this Power of Attorney will expire
? You may place restrictions on what the attorney can do. For example: "The attorney must not make gifts exceeding £500 without prior written consent" or "The attorney must consult with [name] before selling any property."

🔄 Section 5: Substitute Attorney (Optional)

? A substitute attorney steps in only if your primary attorney(s) are unable or unwilling to act. This is an optional precaution. A substitute attorney has no authority while the primary attorney(s) are able to act.

✅ Section 6: Ratification & Consideration

Standard clauses confirming the Donor will ratify all acts of the attorney and that no payment (consideration) has been given to the Donor in exchange for granting this power. These are included automatically in your document.
? Most personal attorneys (family members, friends) act without payment. A professional attorney (e.g. a solicitor acting in a professional capacity) may charge. Select accordingly.

✍️ Section 7: Execution & Witnessing

A General Power of Attorney must be executed as a deed by the Donor under Section 1 of the Powers of Attorney Act 1971 (as amended by the Law of Property (Miscellaneous Provisions) Act 1989). The Donor's signature must be witnessed by one adult witness aged 18 or over with full mental capacity. The named attorney must not act as witness to the Donor's signature. Whilst family members are not legally excluded, an independent witness (such as a neighbour, colleague or friend) is recommended to avoid any future dispute about undue influence.

Donor Signature Details

Witness Details

📝 Section 8: Additional Notes (Optional)

Your General Power of Attorney is Ready

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