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Power Of Attorney Declaration Template for England and Wales

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Key Requirements PROMPT example:

Power Of Attorney Declaration

"I need a Power of Attorney Declaration that appoints my sister as my attorney for property and financial affairs while I'm working abroad from January 2025 to December 2025, with specific powers to manage my UK rental properties and investment portfolio."

Document background
The Power of Attorney Declaration is a crucial legal instrument in England and Wales that provides security and continuity in decision-making when an individual cannot act for themselves. This document becomes particularly important in situations involving incapacity, extended absence, or specific transaction requirements. The declaration must comply with strict legislative requirements, including the Mental Capacity Act 2005, and requires careful consideration of the powers granted, the choice of attorney(s), and proper execution procedures. It can be created as either a general power of attorney for temporary purposes or a lasting power of attorney for ongoing authority.
Suggested Sections

1. Declaration Statement: Opening statement identifying the donor and declaring the creation of the power of attorney

2. Donor Details: Full legal name, address, and other identifying information of the person granting the power

3. Attorney Details: Full legal name, address, and other identifying information of the appointed attorney(s)

4. Powers Granted: Specific powers being granted to the attorney(s)

5. Duration: Period for which the power of attorney is valid

6. Execution: Signing requirements and witness details

Optional Sections

1. Replacement Attorney: Details of replacement attorney(s) to be appointed if primary attorney becomes unable to act

2. Multiple Attorneys Powers: Specification of how multiple attorneys should act (jointly or severally)

3. Restrictions: Specific limitations or restrictions on the attorney's powers

Suggested Schedules

1. Certificate Provider Statement: Independent person's confirmation of donor's understanding and lack of coercion

2. Notice of Intention to Register: Required documentation for registration with the Office of the Public Guardian

3. Asset Schedule: Detailed list of specific assets covered by the power of attorney

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Mental Capacity Act 2005: Primary legislation governing powers of attorney in England and Wales, particularly for Lasting Powers of Attorney (LPA). Establishes framework for mental capacity assessment and best interests decisions.

Powers of Attorney Act 1971: Fundamental legislation governing general/ordinary powers of attorney, establishing basic requirements for creation and execution of power of attorney documents.

Trustee Act 2000: Legislation relevant when attorneys act as trustees, defining the scope of their powers and duties in managing affairs.

Office of the Public Guardian Regulations: Regulatory framework establishing registration requirements and prescribed forms/procedures for powers of attorney.

Court of Protection Rules 2017: Procedural rules governing disputes, amendments, and court applications related to powers of attorney.

Enduring Powers of Attorney Act 1985: Historical legislation relevant for EPAs made before October 2007, which may still be valid despite being replaced by LPAs.

Mental Capacity Act Code of Practice: Statutory guidance providing detailed implementation guidelines and best practices for creating and executing powers of attorney.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

Find the exact document you need

Power Of Attorney Declaration

A legal document under English and Welsh law enabling appointment of attorneys to act on behalf of an individual.

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