Authorisation Letter For Special Power Of Attorney Template for England and Wales

An Authorisation Letter For Special Power Of Attorney is a legal document that grants another person limited authority to act on your behalf for specific purposes. This instrument provides a controlled way to delegate authority while maintaining oversight of exactly what powers you're granting and for how long.

When do you need this document?

You typically need this document when you cannot personally handle specific legal or financial matters but want to limit the scope of authority you're granting. Common situations include authorising someone to complete a property transaction while you're abroad, allowing an attorney to handle specific banking matters during illness, or granting authority to sign contracts for a particular business deal. This document is particularly useful when you need someone to act quickly on your behalf but don't want to grant broad powers that a general power of attorney would provide.

Key legal considerations

The scope of authority section is crucial and must clearly define exactly what the attorney can and cannot do on your behalf. You should specify the duration of the power, whether it's for a single transaction or a specific time period. The attorney has a fiduciary duty to act in your best interests and within the bounds of the authority granted. Consider including any restrictions or conditions on how the powers should be exercised. It's important to understand that the attorney's authority ends automatically if you lose mental capacity, unless you've created a lasting power of attorney instead. You can revoke this power at any time while you have mental capacity by providing written notice to the attorney and any third parties who may have relied on it.

Legal requirements in England and Wales

Under the Powers of Attorney Act 1971, the document must be in writing and signed by you as the donor in the presence of at least one witness who is not the attorney. The witness must be over 18 and of sound mind. If the power of attorney is to be used for property transactions, it may need to be executed as a deed, requiring your signature to be witnessed by two independent witnesses. The attorney does not need to sign the document for it to be valid, but their acceptance can be evidenced by their actions in exercising the powers. Some institutions may require the document to be notarised or may have their own forms that need to be completed. The Mental Capacity Act 2005 requires that you have mental capacity when creating the document, meaning you understand the nature and effect of granting the power of attorney.