Q&As

Can an attorney delegate some or all their powers as an attorney? If so, how?

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Produced in partnership with Lynne Counsell of Addington Chambers
Published on: 04 October 2018
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The issue addressed in this Q&A is whether an attorney can delegate all or some of their powers as attorney (with particular reference to Lasting Powers of Attorney). If so, how can they delegate such powers?

Types of Power of attorney

There are three main types of power of attorney:

  1. 鈥

    Ordinary Powers of Attorney (OPA)鈥攁lso known as general powers of attorney. These are granted with regard to the donor鈥檚 property and affairs. They can be used for a wide range of circumstances or for a specific purpose, such as selling a house or for a limited period, as, for example, if the donor is going abroad or into hospital. An OPA automatically ends when the donor becomes incapacitated

  2. 鈥

    Lasting Powers of Attorney (LPA)鈥攖hese can be (i) Property and Financial Affairs LPAs or (ii) Health and Welfare LPAs: section 9 of the Mental Capacity Act 2005 (MCA 2005). See, generally: Lasting powers of attorney鈥攐verview. A Property and Financial Affairs LPA gives the power

Lynne Counsell
Lynne Counsell

Barrister, Addington Chambers

Lynne has been in traditional Chancery practice for some thirty years, specialising in probate matters, construction of wills and trusts and also financial services and drafting.

Lynne was for some years counsel for Tower Hamlets, representing them on landlord and tenant cases and counsel for Bedford Building Society representing it on mortgage cases.

Lynne has written or updated over fifty books, including writing the initial volume of Atkin鈥檚 Court Forms 鈥淔inancial Services鈥 and updating Halsbury鈥檚 Laws on Injunctions. Lynne was also co-author of two editions of 鈥淚nsider Trading鈥 and co-editor and one of the writers of 鈥淐hancery Practice and Procedure.鈥

Articles include 鈥淢arketing of Investments鈥 for the Law Society Gazette and 鈥淭he Doctrine of Mutual Wills鈥 for the Trust Quarterly Review. Lynne won one of the few cases on mutual wills in the last fifty years 鈥 Charles v Fraser (2010).

Lynne has drafted the standard unit trust for the government of Nigeria, the rules and related documentation for various building societies and clubs, shareholder agreements, company takeovers compliance documentation for certain banks as well as wills and trusts.

Lynne was awarded the 2017 Corporate international Magazine Global Award 鈥 鈥淚nvestment Contracts Barrister of the Year in England鈥.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Power of attorney definition
What does Power of attorney mean?

A power of attorney is a document that is entered into as a deed under which one party (known as the donor) grants to the other party (known as the attorney) the power to act on behalf of and in the name of the donor.

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