Powers of Attorney – Essential Guides
As legal documents, UK Powers of Attorney, or POAs, can cause a lot of confusion for anyone who needs to prepare one for use. When you’re trying to figure out what needs to be included in order to make it valid and who needs to sign it, it can be difficult to know where to start.
Presenting a POA within the same country as it was issued can be stressful enough, but when you have to use it overseas, a whole host of new factors come into play. Does the document need to be created differently dependent on it’s purpose, and does it need to be translated? There are many factors which can impact your POA, so to avoid wasting time and potentially having to create the document from scratch, make sure you understand the procedures before you start.
We have put together the following articles to help you understand Powers of Attorney in more detail. If you still have any questions, our friendly team of specialists are here to help. Simply use our live chat function or use one of the methods on our Contact Us page.
Using a UK Power of Attorney Overseas? All You Need To Know
Who can witness a Power of Attorney in the UK – Solicitor or not?
Power of Attorney FAQs
The attorney is the person, or persons you nominate to carry our your wishes as outlined within the Power of Attorney.
Yes, it is common for the donor (the personal creating the POA) to choose family members to act on their behalf. Just be sure that they are reliable and understand the responsibilities involved.
No, this isn’t necessary to make it ready for use within the UK.
You can choose to put a timeframe on the POA when you create it, if you wish. Otherwise you can revoke the Power of Attorney by notifying all of your attorneys formally in writing, and destroying the original document. Please note that a revocation form must also be witnessed in order for it to be valid, as per the original POA.
Not automatically no, and this includes even within the UK. If you produce a POA in England, it will likely not be accepted in Scotland or Northern Ireland. In some cases, they may be accepted but this is entirely down to the discretion of whomever you are presenting it to. If you are presenting it outside of the UK, it will require legalising before it will be recognised overseas. For assistance on having your documents processed, get in touch with our team of specialists.
You can certainly have a solicitor or Notary witness the signature on your POA, but this isn’t necessary to make it legally binding in the UK. There are some instances where it must be witnessed by a Notary however, for example if you are using it in a court case or something official. For more information read our blog post on the topic.