Power of attorney

Authority placed in hands you trust.

Authorising someone to act on your behalf, whether for a single transaction, for business abroad, or for your wider affairs should you ever be unable to manage them yourself.

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A power of attorney is a legal document by which one person, the donor, authorises another, the attorney, to act on their behalf. It is a practical tool in many situations: completing a property purchase while you are overseas, running a business interest in another country, or, most importantly, ensuring that someone you trust can manage your finances and welfare if illness or age makes that difficult.

The document is only as strong as its drafting. A poorly worded power can be too narrow to be useful or too broad to be safe. We prepare powers of attorney that are precise about what the attorney can and cannot do, valid in the jurisdiction where they will be used, and properly registered where the law requires it.

What we help with

Powers we prepare and advise on.

General & specific powers

Authority for a single transaction or for broad management of your affairs.

Enduring & lasting powers

Powers designed to continue, or take effect, if you lose mental capacity.

Property & financial affairs

Managing bank accounts, property and investments on your behalf.

Health & welfare decisions

Authorising decisions about care and treatment where the law allows.

Registration

Registering the power with the relevant authority so it can be relied on.

Deputyship & committeeship

Applying to the court to act for someone who has already lost capacity.

The time to choose who acts for you is while the choice is still yours to make.

The Old Stone Legal approach

The law where you are

How powers of attorney differ across our jurisdictions.

Nigeria

Deed of power of attorney

A power of attorney is created by deed.
Where it deals with land it is typically registered.
A power given for valuable consideration may be made irrevocable for a period.

United Kingdom

Mental Capacity Act 2005, the OPG

Lasting powers come in two forms: property and financial affairs, and health and welfare.
They must be registered with the Office of the Public Guardian before use.
Where capacity is already lost, a Court of Protection deputy is required.

Canada

The Powers of Attorney Act (Manitoba)

An enduring power continues to operate after the donor loses capacity.
Health care wishes can be set out in a directive under provincial law.
Where no power exists and capacity is lost, the court may appoint a committee.

How we work with you

The right authority, properly in place.

Understand your needs

We establish what you want the power to achieve, for whom, and in which jurisdictions it must work.

Draft the right power

We prepare a power that is precise about the attorney’s authority and its limits, valid where it is needed.

Register where required

We complete any registration the law requires so the power can be relied on without question.

Guidance for your attorney

We make sure your attorney understands their duties and how to act properly under the power.

Common questions

Powers of attorney, answered.

What is the difference between an ordinary and an enduring or lasting power?

An ordinary power generally ends if the donor loses mental capacity, which makes it suitable for a defined task while the donor is well, such as a transaction abroad. An enduring or lasting power is designed to continue, or to take effect, after capacity is lost, which is what makes it valuable for long-term planning.

What happens if someone loses capacity without a power in place?

A court application is usually then required to appoint a person, known by terms such as a deputy or committee, to manage the individual’s affairs. This is slower, more costly and more closely supervised than acting under a power made in advance, which is why we encourage clients to plan early.

Can a power of attorney be revoked?

Usually yes, while the donor still has capacity, provided the power is not one that has been made irrevocable for value. Revocation must be done correctly and communicated to the attorney and to anyone relying on the power. We advise on doing this properly so there is no doubt about the attorney’s authority.

Will a power made in one country be recognised in another?

Not automatically. Recognition depends on the law of the country where the power is to be used, and a document may need to be notarised and legalised, or prepared afresh under local law. Where your affairs span our jurisdictions, we coordinate so the right power is in place in each place it is needed.

Related services

Wills, trusts & probate Notary services Family law Real estate & property

Speak with us

Put the right authority in trusted hands.

We will prepare a power of attorney that is precise, valid where it is needed, and properly registered.

Book a consultation