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Posted 26 September 2012

Dealing with General Powers of Attorney

A General Power of Attorney (GPA) is a document that gives someone (the attorney) the authority to act on someone else’s behalf (the donor) in circumstances where, for example, the donor is going to be abroad whilst an important financial transaction is taking place.

GPA’s are not prescriptive and can be in any form provided they have been executed as a deed. This means that when dealing with a GPA, perhaps for a resident who is going to be abroad whilst the sale of his mobile home is taking place, you will need to examine the document carefully to check that it is in the form of a deed, it gives the attorney the necessary authority, it is still in force and if there is more than one attorney, how they should be making decisions. You should also note that a GPA is only valid as long as the donor has mental capacity under Mental Capacity Act 2005.

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