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Apr, 2014

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  1. #1

    Default Power of Attorney 1971

    I would like to give my sister a general POA to look after my financial affairs, mainly that she should be able to sell a property I own when I am abroad.

    I have the wording but am just unsure who signs after the line "SIGNED as a Deed and Delivered by the said" at position 1 and 2?


    THIS GENERAL POWER OF ATTORNEY is made

    This ** day of ** year 20**

    BY MR *************
    OF *************
    I APPOINT MRS ******* OF *****************

    to be my attorney in accordance with section 10 of the Powers of Attorney Act 1971.

    IN WITNESS whereof I have here unto set my hand the day and year first above written.

    SIGNED as a Deed and Delivered by the said





    1?_________________________ 2?_________________________


    In the presence of:

    Signature __________________________
    Full name __________________________
    Address __________________________
    __________________________
    Occupation __________________________

  2. #2
    Join Date
    Jun 2008
    Location
    Andalucía
    Posts
    9,011

    Default

    It is like this:

    THIS GENERAL POWER OF ATTORNEY is made

    This ** day of ** year 20**

    By JOHN SMITH of *************

    I APPOINT MARY JONES OF *****************

    to be my attorney in accordance with section 10 of the Powers of Attorney Act 1971.

    IN WITNESS whereof I have here unto set my hand the day and year first above written.

    SIGNED as a Deed and Delivered
    by the said John Smith



    In the presence of:

    Signature __________________________
    Full name __________________________
    Address __________________________
    __________________________
    Occupation __________________________



    John Smith signs to the right of the words in red.

    Mary Jones does not need to sign.

  3. #3

    Default

    Much appreciated.

    Did you intentionally omit the Mr and Mrs from the names?

  4. #4
    Join Date
    Jun 2008
    Location
    Andalucía
    Posts
    9,011

    Default

    Quote Originally Posted by JohnMerlin View Post
    Did you intentionally omit the Mr and Mrs from the names?
    Yes. It is not customary to insert Mr, Mrs, Miss or Ms in the body of a document.

  5. #5

    Default

    Very interesting.

    What baffles me most about these General POA's is that this does not need to be done by a solicitor and doesnt need to be registered, so how can a Solicitor then take instructions, say to sell a property, when all the attorney has is a document with a signiature which could so easily be faked?

    If the anwer is that the Solicitor would do due diligence by contacting the issuer, then would that not defeat the whole purpose?

  6. #6
    Join Date
    Jun 2008
    Location
    Andalucía
    Posts
    9,011

    Default

    This is the way the English legal system works and the same applies to all deeds. In "civil" jurisdictions important documents have to be executed before a notary who checks identities by examining passports or identity cards. Until such time (which currently looks like being a date close to infinity) as identity cards happen in the UK forgery remains easier than in many other places.

  7. #7
    Join Date
    Apr 2006
    Location
    Hampshire
    Posts
    1,047

    Default

    I think that because of money -laundering legislation we would now have to make sure a power of attorney was genuine which in most cases would mean contacting the donor.
    RICHARD WEBSTER

    As a conveyancing solicitor I believe the information given in the post to be useful (provided it relates to property in England & Wales) but I accept no liability except to fee-paying clients.

  8. #8

    Default

    Can a close relative e.g a parent or sibling be the witness on a POA?

  9. #9
    Join Date
    Jun 2008
    Location
    Andalucía
    Posts
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    Default

    Quote Originally Posted by JohnMerlin View Post
    Can a close relative e.g a parent or sibling be the witness on a POA?
    Strictly, yes, but on the whole witnesses to any deed should be independent.

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