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General power of attorney

A general power of attorney is a legal document that appoints one or more people to make financial and legal decisions for you. It is often used for a specific purpose and for a fixed period of time.

You can give your attorney authority to do one thing or a whole range of things. This could include:

  • using your bank account
  • selling your property
  • paying your everyday expenses
  • paying your taxes and mortgage payments
  • making investment decisions
  • running your business.

Your attorney’s powers begin as soon as you have signed the form or you can change the form and specify a start and/or end date. For example, if you need someone to run your business while you are on holidays you can make a power for the period that you are away.

If you appoint a general power of attorney and lose legal capacity at a later stage, the document will no longer be valid. The person you have appointed will not be able to make decisions on your behalf. Your attorney’s powers also stop if they become bankrupt, they resign or you die. You can change or cancel a general power of attorney at any stage; see ‘Changing or cancelling your powers' (link below).

Appointing more than one decision-maker

You can appoint more than one decision-maker. You can choose whether they make decisions:

  • ‘jointly’, which means they must all agree to any decisions and every document must be signed by all of them
  • ‘jointly and severally’, which means that any of them can make a decision and sign documents together or without the others.

Appointing more than one decision-maker can help you get a balanced outcome. For example, you might choose to appoint one person who knows what you would want, such as a friend or relative, and another person who can make good financial decisions, such as an accountant. If they act jointly, you may feel confident that any decisions made would be in your best interests and financially sound.

Be aware though, if you appoint them jointly and they cannot come to an agreement about what to do then a decision cannot be made. Your attorneys would have to apply to a court to resolve the disagreement. Appointing your attorneys jointly and severally may avoid such problems and delays.

Limiting your attorney’s powers

You can limit or place conditions on how you want your attorney/s to carry out their responsibilities. For example, you could limit their authority so that they only deal with shares, or they can pay bills, but not deal with your property.

If you do not specify any limits, your attorney will be able to make any financial or legal decisions on your behalf until the appointment is changed or cancelled, or you lose capacity.

More information

Changing or cancelling your powers

Choosing the right power

Choosing who to appoint

Powers of attorney & guardianship forms

Protecting your best interests

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