Power Of Attorney Service Birmingham - Expert Solicitors & Commissioners for Oaths

Mr Arshad Mahmood is a Solicitor and Commissioner for Oaths at Premium Solicitors Ltd with more than 21 years of Post Qualification Experience (PQE) as a Solicitor and Commissioner for Oaths.

What is a Power of Attorney?

A Power of Attorney is a legal document that authorises a person you choose (the attorney) to act on your behalf. You are known as the donor. The document should clearly state who you appoint, what they may do, and any limits on their authority. An attorney does not need to be a solicitor; they may be a trusted relative, friend or professional.

What is the difference between a General and a Specific Power of Attorney?

A General Power of Attorney gives an attorney broad authority over the matters covered by the document, usually financial or property affairs. A Specific Power of Attorney restricts their authority to a particular task or transaction, such as dealing with a named property or signing specified documents. The wording should match the purpose of the Power of Attorney.

Is a General Power of Attorney the same as a Lasting Power of Attorney?

No. An ordinary or General Power of Attorney can be used only while the donor has the mental capacity to make the relevant decisions. A Lasting Power of Attorney (LPA) is a separate arrangement designed to remain available if the donor later loses capacity. In England and Wales, LPAs cover property and financial affairs, and health and welfare. You must register an LPA with the Office of the Public Guardian before you can use it.

When might I need a Power of Attorney?

You may need someone to handle a specific matter while you are abroad, unavailable, or temporarily unable to attend in person. Examples include dealing with a bank, signing documents or managing a specified transaction. The organisation receiving the Power of Attorney may have its own requirements, so check what it will accept before preparing the document.

Who can make a Power of Attorney?

The person granting the power must understand what they are authorising and choose to do so freely. A solicitor may need to discuss the instructions directly with the donor, particularly if there are concerns about capacity or undue pressure. You cannot make an ordinary or General Power of Attorney on another person's behalf after that person has lost the capacity required to grant it.

Can my spouse or adult child act for me without a Power of Attorney?

Being a spouse, partner or adult child does not automatically give someone authority to manage your finances or sign legal documents for you. The organisation concerned will normally need to see an appropriate legal authority, such as a valid Power of Attorney, before accepting instructions from another person.

Can I appoint more than one attorney?

Yes, depending on the type and purpose of the document. You should specify whether the attorneys must act together or may act separately, and consider what should happen if one cannot act. Clear drafting helps avoid delays when you present the document to a bank, business, or other organisation.

Can I limit what my attorney is allowed to do?

Yes. A Power of Attorney can be drafted for a defined task, transaction or period, with suitable restrictions on the attorney's authority. Explain the intended use before drafting so that the powers are wide enough to work but do not extend beyond what you wish to authorise.

Can Premium Solicitors draft a Power of Attorney for me?

Premium Solicitors offers a service to draft a Power of Attorney and witness the signature. Please provide details of the proposed attorney, the powers needed and any wording requested by the organisation that will receive the document. If you need a Lasting Power of Attorney, ask us about the appropriate service and fees separately, as making and registering an LPA involves a different process.

Can Premium Solicitors witness a Power of Attorney I have already prepared?

Yes. You can book an appointment to have your signature witnessed on a Power of Attorney you have already drafted. Bring the complete document and check any instructions from the organisation that will receive it. A witnessing appointment is distinct from instructing a solicitor to draft the document.

Should I sign the Power of Attorney before my appointment?

No. If your signature is to be witnessed, wait and sign in the witness's physical presence. Bring the document unsigned, together with valid photo identification, such as a passport or driving licence. If other people must also sign, check the signing requirements before booking.

Does a Power of Attorney need to be signed before a solicitor or notary?

That depends on the document type and the requirements of the person or organisation receiving it. A solicitor can witness an appropriate signature, but some overseas authorities require a notary public or a particular form of authentication. Confirm their requirements in advance; a solicitor's witnessing signature and notarisation are different services.

Can I use a Power of Attorney signed in the UK abroad?

Possibly, but acceptance depends on the law and requirements of the country and organisation where it will be used. They may require particular wording, notarisation, an apostille or a certified translation. Ask the overseas recipient exactly what it needs before arranging drafting or witnessing in the UK.

What is an apostille, and will I need one?

An apostille is a certificate issued through the UK Legalisation Office to authenticate a qualifying UK document for use overseas. It is separate from having a signature witnessed. You may need one if the overseas recipient asks for legalisation; check its instructions before applying. Premium Solicitors do not offer apostille services. 

Does a Power of Attorney have to be registered?

An ordinary or General Power of Attorney generally does not need to be registered with the Office of the Public Guardian. A Lasting Power of Attorney must be registered before an attorney can use it. 

What if the donor has already lost mental capacity?

An ordinary Power of Attorney can no longer be used if the donor loses the capacity to make the relevant decisions. If a suitable registered LPA is already in place, the attorney may be able to act within its terms. Otherwise, you may need to apply to the Court of Protection. Seek advice promptly about the available options.

What should I bring to my appointment?

Bring your unsigned Power of Attorney, valid photo ID and any instructions supplied by the receiving organisation. If you want us to draft the document, provide the donor's and attorney's details, the specific powers required and any deadline. For an overseas document, provide the receiving authority's requirements where available.

Can I change or cancel a Power of Attorney?

You can usually revoke an ordinary Power of Attorney while the donor has capacity. The right way to do this depends on the document and circumstances; a written deed of revocation may be appropriate. Tell the attorney and any organisations relying on the power that it has ended. A registered LPA has its own cancellation requirements.

How do I book a Power of Attorney appointment in London or Birmingham?

Premium Solicitors provides Power of Attorney drafting and signature witnessing services by appointment at its London and Birmingham offices. Choose the appropriate service when booking online. You can book an appointment online through our website.