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General Power of Attorney

A General Power of Attorney — a GPA — is a document that authorises another person to act on your behalf in financial and legal matters. It is simpler and faster to put in place than a Lasting Power of Attorney, and useful in specific situations where you have capacity but need someone to act for you temporarily. Understanding what it can and cannot do is essential — because its most significant limitation is also the one most commonly misunderstood.

What a GPA does

A GPA gives another person — the attorney — legal authority to act on the donor's behalf in financial and legal matters. The scope can be general, covering all financial and legal affairs, or specific — limited to a defined transaction or purpose. A specific GPA might authorise an attorney to complete a single property sale, manage a particular bank account, or handle a defined set of transactions, while leaving everything else outside the attorney's authority.

Unlike a Lasting Power of Attorney, a GPA does not need to be registered with the Office of the Public Guardian before it can be used. It takes effect as soon as it is signed. This makes it faster and simpler to put in place — which is part of what makes it useful for short-term, specific situations.

The critical limitation

A General Power of Attorney is only valid while the donor has mental capacity. The moment capacity is lost — through illness, accident, or any other cause — the GPA automatically becomes void. It ceases to exist as a legal document. The attorney's authority ends immediately, regardless of whether anyone is aware that capacity has been lost.

This is not a technicality. It is the defining characteristic of a GPA — and the reason it cannot substitute for a Lasting Power of Attorney. An LPA is designed specifically to survive the loss of capacity. A GPA is not. The two documents serve different purposes, and confusing them can leave a man or woman — and their family — in a very difficult position.

The moment a GPA is needed most — it stops working. If a man or woman loses capacity while a GPA is in place, the attorney's authority ends immediately. Any actions taken by the attorney after that point are not legally authorised. This is precisely the moment most people assume the document will protect them. It will not. An LPA is the document that does.

When a GPA is the right tool

A GPA is well suited to situations where the donor has capacity, needs someone to act on their behalf for a defined purpose or period, and the risk of losing capacity during that period is not the primary concern.

Common uses include managing financial affairs while abroad for an extended period, completing a property transaction where the donor cannot be present, handling specific banking or investment matters during a recovery from surgery or illness, or delegating authority over a defined set of tasks to someone trusted to carry them out. In each case, the donor retains capacity throughout — the GPA is a convenience, not a protection against incapacity.

"A man is selling a property while working abroad for six months. He cannot attend the completion in person. A specific GPA authorises his solicitor to sign the transfer documents on his behalf. The transaction completes. The GPA has served its purpose. It is a practical tool for a practical problem — not a long-term planning document."

General versus specific

A general GPA covers all financial and legal affairs — giving the attorney broad authority to act across the full range of the donor's affairs. This is a significant grant of authority and should only be given to someone completely trusted to use it appropriately.

A specific GPA is limited to a defined purpose — a single transaction, a specific account, a particular set of tasks. It expires when the purpose is fulfilled, or at a date specified in the document. A specific GPA is often the more appropriate choice — because it limits the attorney's authority to exactly what is needed, and no more.

Who can be an attorney

Any individual over 18 with mental capacity can be appointed as an attorney under a GPA. There is no requirement for the attorney to be a professional — a trusted family member, friend, or adviser can act. The choice of attorney is one of the most important decisions in the document. The attorney will have real authority over real affairs — choosing someone reliable, organised, and honest is essential.

Revoking a GPA

A GPA can be revoked at any time by the donor, provided they have capacity. Revocation should be in writing and communicated clearly to the attorney and any third parties — banks, solicitors, institutions — who have been relying on it. Once revoked, the attorney's authority ends. If the donor loses capacity, the GPA becomes void automatically — no formal revocation is needed, because the document ceases to have legal effect from that point.

Enduring Powers of Attorney

Before October 2007, it was possible to create an Enduring Power of Attorney — an EPA. Unlike a GPA, an EPA could survive the loss of mental capacity, provided it was registered with the Office of the Public Guardian at the point capacity was lost or threatened. EPAs can no longer be created — they were replaced by LPAs under the Mental Capacity Act 2005. However, EPAs created before October 2007 remain valid and can still be used, provided they have been or are registered with the OPG when needed. A man or woman who holds an existing EPA — either as donor or attorney — should check its status and ensure it is properly registered.

A GPA alongside an LPA

A GPA and an LPA are not alternatives — they serve different purposes and can sit alongside each other comfortably. A man or woman with an LPA in place for long-term incapacity planning may also use a GPA for a specific short-term purpose — completing a property transaction, managing affairs while away — without activating or relying on the LPA. The GPA handles the immediate, practical need. The LPA remains in place for the longer term. Both have their role.

"Having an LPA does not mean you will never need a GPA. They answer different questions. The LPA answers: what happens if I lose capacity? The GPA answers: who can act for me right now, while I still have capacity, for this specific purpose? Both questions are worth asking."

The GPA is not a substitute for an LPA

This point is worth stating plainly, one more time. A man or woman who has a GPA in place — and no LPA — has no protection against the loss of capacity. The GPA will cease to be valid at precisely the moment it feels most needed. Without an LPA, the only route available to the family is an application to the Court of Protection for a Deputyship Order — a process that is considerably more expensive, slower, and more stressful than putting an LPA in place would ever have been.

If a GPA is useful for your current circumstances — and it may well be — an LPA should sit alongside it. Not instead of it.