Adjust text :
Font size: normal Font size: larger Font size: largest
This page in other language: EnglishEnglish
Coddan Home Page Welcome to Coddan Contact Us How to Contact Us Companies Registration FAQ Company Incorporation FAQ Company Formation News Company Formation News
 
Track your order status online and via e-mail
U.K. LIMITED COMPANIES U.K. LLP U.K. GUARANTEE COMPANIES OFFSHORE COMPANIES
COMPANIES IN THE USA COMPANIES LAW U.K. TAXATION DIRECTORS & SECRETARIES GUIDE
Online company order Ready made companies Prices and fees Legal Terms Glossary Common Information

Company Name Check

Business Service Levels

Apply for a Consultation Click the link to request initial consultation

Print this Page

directors & secretaries guide

















RELATED SERVICES












RELATED SERVICES
BANKING SERVICES



BANKING SERVICES
We Accept
 
 
online order forms

Member of the Federation of Small Businesses

What is a Power of Attorney

? A power of attorney or letter of attorney in common law systems or mandate in civil law systems is an authorisation to act on someone else's behalf in a legal or business matter. The person authorising the other to act is the "principal" or "grantor (of the power)", and the one authorised to act is the "agent" or "attorney-in-fact". The attorney-in-fact acts "in the principal's name" - for example, by signing the principal's name to documents.

Attorney-in-fact. As one kind of agent, an attorney-in-fact is a fiduciary for the principal, so the law requires an attorney-in-fact to be completely honest with and loyal to the principal in their dealings with each other. If the attorney-in-fact is being paid to act for the principal, the contract is a separate matter from the power of attorney itself, so if that contract is in writing, it is a separate document, kept private between them, whereas the power of attorney is intended to be shown to various other people. The term "attorney-in-fact" should not be confused with the term "attorney at law." An attorney-at-law is a lawyer - someone licensed to practice law in a particular jurisdiction.

A power of attorney may be "special" or "limited" to one specified act or type of act, or it may be "general," and whatever it defines as its scope is what a court will enforce as being its scope. (It may also be limited as to time.) Under the common law, a power of attorney becomes ineffective if its grantor dies or becomes "incapacitated," meaning unable to grant such a power, because of physical injury or mental illness, for example unless the grantor (or principal) specifies that the power of attorney will continue to be effective even if the grantor becomes incapacitated (but any such power ends when the grantor dies). This type of power of attorney is called a "durable power of attorney". In some jurisdictions such a durable power of attorney can also function as a "living will", which can be used to appoint someone to make health-care decisions for the grantor, up to and including "pulling the plug" on machines keeping them clinically alive. Allow the Coddan CPM professionals to create a Power of Attorney for you - one that is effective and legally binding. For more information contact us for details.

Choose one of the following packages that will best serve you:
 Nominee Director Service for Public Records for one year:
 
 It is a perfectly legal device which preserves the privacy of an individual. It is designed to help a person who would rather not disclose their interest or association with a given corporate body.
 The Nominee Director cannot and will not enter into any business contract or financial or moral commitment.
 
 Coddan will act as Nominee Company Director for limited companies on an annual basis.
 This service is primarily designed to help people keep non-trading or dormant companies fully compliant with the law and perhaps to protect the identities of the persons actually controlling the company.
 At the same time the appointed nominees are not actually entitled to manage the company.
 We provide the beneficial owner with a Power of Attorney empowering him to run the business, manage the company's activities and open and operate the company's bank accounts.
 Nominee Director will only sign company accounts and annual returns prepared by the accountants of the company.
E-Quick Plan
£ 125.00Renewal fees from £125.00
Click here to see all packages
(click here for other packages)

Business Incorporation Service Home Page  >>  Company Directors & Secretary Guide >>  General Power of Attorney

WHAT IS A POWER OF ATTORNEY?

A Power of Attorney - is a document whereby one person confers on another the right to act on his or her behalf and in that respect the attorney can act just as though he or she were the donor of the power. Such a power can be used, for instance, to operate bank accounts or to sign documents or deeds. A Power of Attorney is a legal instrument that is used to delegate legal authority to another. The person who signs (executes) a Power of Attorney is called the Principal. The Power of Attorney gives legal authority to another person (called an Agent or Attorney-in-Fact) to make property, financial and other legal decisions for the Principal.

A Principal can give an Agent broad legal authority, or very limited authority. The Power of Attorney is frequently used to help in the event of a Principal's illness or disability, or in legal transactions where the principal cannot be present to sign necessary legal documents. The person to whom the Power of Attorney is given does not have to be an attorney. The most important duty of the attorney-in-fact is to act as a fiduciary, making certain that all actions taken under the Power of Attorney is in the best interest of the person granting the Power of Attorney (called the "principal").

However, it should be noted that the Power of Attorney vests tremendous power to the recipient and as a result, the attorney-in-fact must be someone the principal trusts implicitly. That requirement alone would ordinarily exempt the majority of attorneys in this country, since we can trust an attorney about as far as we can throw him (although throwing an attorney would provide tremendous entertainment).
Finding and Using Information on This Page:  Are there Different Types of Powers of Attorney? | What is a General Power of Attorney? | How Do I Select an Agent for a Power of Attorney? | Can I Appoint More than one Agent in a Power of Attorney | What are an Agent's Obligations to a Principal? | Is it Possible for an Agent to Steal my Money and Property? | Can a Transfer of a Principal's Assets to Other People be a Good Thing? | Who Monitors the Actions of My Agent? | What Can I Do if My Agent Does Not Follow My Instructions? | How Many Copies of a Power of Attorney Should I Sign? | A Sample of the General Power-of-Attorney | 

Important Links

Power of attorney gives one person (the attorney) the right to act on the behalf of another (the donor). It is common for an elderly parent to give this right to an adult son or daughter or for someone buying a house to give it to their solicitor. In England & Wales there are two types of Power of Attorney - general and enduring. The power of attorney can be revoked by the person who gave it, whenever they wish. This should be done in writing and a copy given to the attorney. It is also important to understand that power of attorney can only be given by someone who is capable of understanding what they are doing. This means that where power of attorney is needed for someone under the age of 18 or for anyone with mental illness or incapacity, it is important to get a solicitor involved and make sure that the correct steps are taken (this involves making an application to the Court of Protection) - otherwise the person acting on their behalf can find themselves in deep trouble.
Suggested Reading
    








It does seem a bit ironic however that a Power of Attorney document is drafted (a fancy lawyer word for "written") by an attorney. So even though you generally wouldn't trust an attorney to exercise your wishes under the Power of Attorney, you still need the attorney to pen the document. One way or another, the attorney still manages to snare you. Which leads us to our rant of the month. While a Power of Attorney can be a legal instrument as outlined above, there is another kind of power of attorney that should concern us all - and that's the unrestrained power afforded attorneys under the law.

A Power-of-AttorneyThe power an attorney possesses and can wield over the rest of us non-attorney types is immense. In fact, immense may be an understatement. When this omnipotent power finds its way into the hands of an unscrupulous, amoral, power crazed attorney who is wont to play fast and lose with the law, the ensuing results can be staggering to the poor sap who gets in this attorney's way.

If you've ever been on the receiving end of the merciless wrath and fury of an attorney on the warpath, you have in all likelihood experienced firsthand the intimidating power that attorney had at his or her disposal. Power and attorney are inseparable terms these days. Just the mere fact that someone is an attorney provides that individual with an immense amount of power at his or her disposal. Attorneys, particularly those corrupt sorts who frequently dance around in the gray areas of the law, are well versed in using the law as a hammer to pound the daylights out of the other side in a lawsuit.

Think about it for a moment, an attorney can waylay you with a lawsuit at anytime and any place. Like it or not, an attorney has the power to file a lawsuit against you regardless of whether or not you've done anything wrong. After all, right and wrong are barely relevant concepts anymore in today's sue or be sued litigation crazed society. While the attorney isn't supposed to file frivolous lawsuits, they have the power to do so. Besides, what's to stop them nowadays? Nothing really. An attorney has the power and you on the other hand, have squat.

An attorney armed with a lawsuit can swoop in from nowhere and turn your entire life upside down in the blink of an eye. Once the lawsuit has been served, the attorney has quite a bit of power over you. The attorney has the power to make you show up for a deposition and question you for hours on end. The attorney has the power to force you to answer what seems like an endless set of interrogatories and the power to compel you to produce documents out the wazoo. The attorney has the power to accuse you of everything under the sun, with little attention paid to the validity of said allegations.

The attorney has the power to impugn your integrity and besmirch your reputation at will. The attorney has the power to recreate the facts, distort the truth and to put words in your mouth to suit his or her own fancy. At trial, the attorney has the power to belittle you, embarrass you and humiliate you as much as he or she fits to do so. The attorney has the power to call you a liar when you're telling the truth. The attorney has the power to call you a cheat when you've never cheated anyone in your life.

As a matter of fact, the attorney has the power to call you anything and everything imaginable and even unimaginable while you have little recourse but to sit there and take it. Come on, should anyone have this kind of power over anyone? Of course not. In today's jurisprudence an attorney, regardless of whether he or she is a super straight shooter or is in fact the biggest flimflam artist known to mankind, possesses the power to make their opponents life a living hell. No one should have the unmitigated power that the legal system affords attorneys. No one.

Attorneys are quick to espouse their esteemed position as supposed officers of the court and how their comportment is professional and consistent with the ethical requirements of the job. What a crock! The only requirements of attorneys these days are the innate ability to fleece their clientele.

Live Help Live Help:
Live Help is a real time "chat" feature which enables you to interact with a customer service representative without a phone call. Get answers to your questions while using our website. Clicking the "Live Help" button will start an on-line session with one of our representatives. Live Help is currently available during normal business hours. Outside of the above opening hours, our business center will be closed. When you click on the button, you will see an e-mail form that will allow you to send us a mail with your questions. Live Help is free! There are no hidden fees. We offer the service as a courtesy to our website visitors.

Dear visitors, while having a chat session with a customer, we are frequently requested to give a piece of advice on tax planning or business structuring. We would like to inform you that it is against our principles to provide online advice pertaining to these issues. The points that may be covered during a session include service description, package or service price, navigation at our website, ways of making an order, methods of payment etc. Yet, if you wish us to provide you with advice on tax or business structuring, you should be aware that this service is chargeable.
Contact Registered Agent

ARE THERE DIFFERENT TYPES OF POWERS OF ATTORNEY?

Yes. There are "Nondurable" and "Durable" Power of Attorney. A "Nondurable" Power of Attorney takes effect immediately. It remains in effect until it is revoked by the Principal, or until the Principal becomes mentally incompetent or dies.

A "Nondurable" Power of Attorney is often used for a specific transaction, like the closing on the sale of property, or the handling of the Principal's financial affairs while the Principal is traveling outside of the country. A "Durable" Power of Attorney enables the Agent to act for the Principal even after the Principal is not mentally competent or physically able to make decisions. The "Durable" Power of Attorney may be used immediately, and is effective until it is revoked by the Principal, or until the Principal's death.

A "Springing" Power of Attorney becomes effective at a future time. That is, it "springs up" upon the happenings of a specific event chosen by the Power of Attorney. Often that event is the illness or disability of the Principal. The "Springing" Power of Attorney will frequently provide that the Principal's physician will determine whether the Principal is competent to handle his or her financial affairs. A "Springing" Power of Attorney remains in effect until the Principal's death, or until revoked by a court.

WHAT IS A GENERAL POWER OF ATTORNEY?

General Power-of-AttorneyA General Power of Attorney is an instrument authorising one person to act on the behalf of another, including signing legal documents and making legal decisions, writing checks, or other household matters. A Power of Attorney is appointed to act on your behalf in the event you became ill or disabled, or if you need to travel and matters need to be completed at home, etc. The person granting the authorisation is called the principal. The person authorised to act on the principal's behalf is called the attorney-in-fact or agent. The term attorney-in-fact should not be confused with an attorney-at-law. One need not be a lawyer to serve as an attorney-in-fact under a Power of Attorney.

Note that the word "attorney" is not used here to mean "lawyer". Almost anyone can be appointed an attorney by a power of attorney. The person does not need to be a lawyer. With a General Power of Attorney, your Attorney-in-Fact is authorised to undertake any acts you can do. For example, legal, business and financial matters, opening checking accounts, withdrawing funds from accounts, signing documents to sell your home, etc.

These powers usually include: Handling banking transactions. Entering safety deposit boxes. Buying and selling property. Purchasing life insurance. Settling claims. Entering into contracts. Exercising stock rights. Buying, managing or selling real estate. Filing tax returns. Handling matters related to government benefits. Maintaining and operating business interests. Employing professional assistance. Making gifts. Making transfers to revocable ("living") trusts. Disclaiming interests (this has to do with estate planning strategies to avoid estate taxes). Ordinarily, no formality is required for a person to be an "agent" of someone else. The agency may be created by written or spoken words, or even by conduct, which demonstrates that, an agency was created. However, if the agent (i.e. attorney) will be signing any written agreements, then the agreement which grants the authority to the agent should also be in writing.

HOW DO I SELECT AN AGENT FOR A POWER OF ATTORNEY?

You should choose a trusted family member, a proven friend, or a professional with an outstanding reputation for honesty. Remember, signing a Power of Attorney that grants broad authority to an Agent is very much like signing a blank cheque. Certainly, you should never give a Power of Attorney to someone you do not trust fully. And do not allow anyone to force you into signing a Power of Attorney.

CAN I APPOINT MORE THAN ONE AGENT IN A POWER OF ATTORNEY?

Yes. You may appoint multiple Agents. If you appoint two or more Agents, you must decide whether they must act together in making decisions involving your affairs, or whether each can act separately. There are advantages and disadvantages to both forms of appointment. Requiring your Agents to act jointly can safeguard the soundness of their decisions. On the other hand, requiring agreement of all your Agents can result in delay or inaction in the event of a disagreement among them, or the unavailability of one of them to sign legal documents.

Allowing your Agents to act separately may ensure that an Agent is always available to act for you. But it may also result in confusion and disagreements if the Agents do not communicate with one another, or if one of them believes that the other is not acting in your best interests. Powers of Attorney are only as good as the Agents who are appointed. Appointing a trustworthy person as an Agent is critical. Without a trustworthy Agent, a Power of Attorney becomes a dangerous legal instrument, and a threat to the Principal's best interests.

WHAT ARE AN AGENT'S OBLIGATIONS TO A PRINCIPAL?

The Agent is obligated to act in the best interests of the Principal, and to avoid any "self-dealing." Self-dealing is acting to further the selfish interests of the Agent, rather than the best interest of the Principal. An Agent appointed in a Power of Attorney is a fiduciary, with strict standards of honesty, loyalty and candor to the Principal. An Agent must safeguard the Principal's property, and keep it separate from the Agent's personal property. Money should be kept in a separate bank account for the benefit of the Principal. Agents must also keep accurate financial records of their activities, and provide complete and periodic accountings for all money and property coming into their possession.

Make clear to your Agent that you want accurate records of all transactions completed for you, and to give you periodic accountings. You can also direct your Agent to provide an accounting to a third party-a member of your family or trusted friend-in the event you are unable to review the accounting yourself.

IS IT POSSIBLE FOR AN AGENT TO STEAL MY MONEY AND PROPERTY?

Yes. A Power of Attorney can be abused, and dishonest Agents have used Powers of Attorney to transfer the Principal's assets to themselves and others. That is why it is so important to appoint an Agent who is completely trustworthy, and to require the Agent to provide complete and periodic accountings to you or to a third party.

CAN A TRANSFER OF A PRINCIPAL'S ASSETS TO OTHER PEOPLE BE A GOOD THING?

Yes. A Principal may want to authorise transfers or gifts property for estate planning and other valid purposes.

WHO MONITORS THE ACTIONS OF MY AGENT?

There is no official or government monitoring of Agents acting pursuant to Power of Attorney. That is the responsibility of the Principal. It is therefore important to insist that your Agent keep accurate records of all transactions completed for you, and to provide you with periodic accountings. You might also direct your Agent to give an accounting to a third party in the event you are unable to review the accounting yourself. Should a Principal, member of the Principal's family or a friend have grounds to believe that an Agent is misusing a Power of Attorney, the suspected abuse should be reported to the police or other law enforcement authority to protect the Principal from the loss of his or her property. Consider asking a solicitor for help and advice.

WHAT CAN I DO IF MY AGENT DOES NOT FOLLOW MY INSTRUCTIONS?

You may revoke your Power of Attorney at any time. You should inform your Agent, in writing, that you are revoking the Power of Attorney. Request the return of all copies of your Power of Attorney. You should notify your bank or other financial institution where your Agent has used the Power of Attorney that it has been revoked. If you decide to revoke a Power of Attorney, it is probably in your best interests to consult a solicitor, and arrange to have a new Power of Attorney executed.

HOW MANY COPIES OF A POWER OF ATTORNEY SHOULD I SIGN?

You are required to sign (execute) only one copy. However, it is not unusual for a Principal to sign several original copies. Banks and financial institutions, for example, generally require an original or a certified copy before allowing an Agent to transact business on the Principal's behalf. And banks frequently provide customers with their own Power of Attorney forms.

GENERAL POWER OF ATTORNEY

I, _______________________________________, do hereby appoint my _________, _______________________________________, with full power of substitution (herein called "my attorney-in-fact"), my true and lawful attorney-in-fact, to represent and act for me for and during the period commencing __________________. In the event that she is deceased or otherwise unable to serve as my attorney-in-fact, I hereby appoint my ___________________, _____________________________, to serve as my true and lawful attorney-in-fact. These powers granted in this instrument are effective until revoked by me in writing. The powers herein and hereby conferred are general and my attorney-in-fact is by this power fully authorized to act in all matters and affairs in my place and stead.

This power of attorney is executed for the purpose of expediting the transaction of all personal, business and investment affairs of mine and to permit action in my name and in my behalf with respect to any and all my property and affairs during the period of this power as fully and effectively as I might do were I present and acting, third persons being relieved of the responsibility to determine, or to require compliance by my attorney-in-fact with, my instructions.

In extension and not in limitation of the powers given by other provisions of this instrument, I confer upon my attorney-in-fact the power to do all things deemed necessary or proper to carry out the provisions and intent of this power of attorney, including but not limited to the following powers, all of which may be exercised from time to time at his discretion and with respect to property in which I now or hereafter have any interest:

(a) To sell, to exchange, to lease, to make contracts or to grant options concerning or otherwise transfer or dispose of any of my real or personal property at public or private sale without advertisement, or through any exchange or dealer and with respect to securities to authorize their transfer upon the books of the respective companies, for such consideration and upon such terms as to credit or otherwise as my attorney-in-fact may determine, which leases, contracts and options may extend beyond the expiration of this power;

(b) To invest in, purchase or otherwise acquire in my name stocks, shares and obligations of corporations, unincorporated associations, trust, investment companies, mortgages, notes, choses in action, real estate, improvements thereon, and other personal and real property as such attorney-in-fact may deem best without regard to any law now or hereafter in force limiting investments for any fiduciary;

(c) To vote in person or give general or limited proxies or powers of attorney for other voting or acting in respect of any of my corporate stock or other security, which may be discretionary and with power of substitution; to consent directly or through a committee to any reorganization, recapitalization, merger, consolidation, dissolution, amendment to articles of incorporation, liquidation, bankruptcy or other procedures or proceedings affecting any corporation in which I have any interest, and to any sale, lease, pledge or mortgage of any property by or to any such corporation; and to make any payments, assessments or subscriptions and to take any steps my attorney-in-fact may deem necessary and proper to enable him to obtain the benefit of any such transaction;

(d) To employ brokers, accountants, attorneys, investment counsel; custodian of trust property and other agents;

(e) To compromise, compound, submit to arbitration, sell, release, settle or adjust any claims or demands by or against me which I now or hereafter have, and to agree to any rescission or modification of any contract or agreement affecting me or any property;

(f) To complete, extend, modify or renew any indebtedness of mine as well as to borrow money and execute notes obligating me, and to secure the same by mortgaging, pledging, conveying or otherwise encumbering any or all of my property;

(g) To improve or develop real estate; to construct, alter or repair buildings or structures on real estate; to settle boundary lines and easements and other rights with respect to real estate; to partition and to join with co-owners and others in dealing with real estate in any way;

(h) To receive and receipt for any property or money which I am or may be entitled to receive and to hold, handle and deal with such property;

(i) To draw and sign, endorse, deposit or otherwise collect checks on any of my bank accounts and other instruments for the payment of money;

(j) To execute in my name, seal and deliver any and all instruments in writing deemed advisable to carry out any of the foregoing powers and no one dealing with my attorney-in-fact need inquire into the validity of anything he does or need see to the application of any money paid or any property transferred to or upon his order;

(k) To represent me before any office of the Internal Revenue Service with respect to any Internal Revenue Service tax matter and for any year or period;

(l) To represent me before any State of Georgia Department of Revenue office or the office of any tax or licensing official of any political subdivision of the ____________ with respect to any ___________ or such political subdivision tax matter and for any year or period; and

(m) To receive confidential information and full power to perform on my behalf the following acts with respect to the above matters; and,

(n) To receive, to endorse and collect, checks in payment of any refund of any taxes, penalties, or interest; to execute and file on my behalf all income tax returns, claims for refund, protests, and declarations of estimated tax, whether _________________ or ______________; to execute waivers (including offers of waivers) of restrictions on assessment or collection of deficiencies of tax refund; to execute consents extending the statutory period for assessment or collection of taxes; to delegate authority or to substitute another representative.

Copies of notices and other written communications addressed to me in proceedings involving the above tax matters should be sent to my attorney-in-fact at any address which he may specify.

The enumeration of specific powers herein shall in no wise limit the general power and authority of my attorney-in-fact hereunder; and the expiration of the period of agency hereunder shall in no way affect the validity of his actions during said period;

All parties dealing with my attorney in-fact in connection with my affairs may fully rely upon his power and authority to act for me and in my behalf and in my name, and may accept and rely on agreements entered into by him pursuant to this power of attorney.

To sell, exchange, partition or otherwise dispose of