General Power of Attorney (GPA)

A General Power of Attorney (GPA) is a straightforward authorisation for wide-ranging use when the Donor is not available or is physically unable to administer his own affairs. It can only be used to manage or deal with financial affairs jointly or jointly and severally by the nominated Attorney(s).

Lasting Powers of Attorney (LPA) are more complicated to prepare and administer than GPAs because they permit the Attorney to make decisions that the Donor is incapable of making. They require particular procedures and formalities to be followed. A GPA is automatically revoked if the Donor becomes mentally incapable.

Once a General Power is granted the Attorney has the authority to take decisions and actions on the Donor's behalf in relation to the Donor's property and affairs, as if the Donor were taking them himself, except that the Attorney cannot make gifts.

There is no provision for limiting the scope of the Attorney's powers in a General Power but otherwise the extent and scope of the two are the same. In effect, an Attorney can do anything he thinks fit in relation to the Donor's property and affairs.

The GPA does not cover functions of the Donor which relate to certain special personal responsibilities. For example, an Attorney cannot perform in the Donor's role as a trustee or as a personal representative of someone's estate.

The Donor remains liable for the actions of the Attorney and the extent of the Power is such that it should only be given to somebody the Donor trusts completely.

If the Donor becomes incapable of making the decisions conferred by the Power, the General Power is automatically annulled. Otherwise, a General Power remains valid until it is revoked. A GPA may be revoked by the Donor at any time.

The General Power would also be revoked by the death or bankruptcy of the Donor or Attorney.

FEES: £55 each or £40 if purchased with an (unregistered) LPA (PA).