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Ordinary Power of Attorney (Northern Ireland) - Form

GENERAL POWER OF ATTORNEY

made on:

________

in accordance with section 10 of the Powers of Attorney Act 1971



1. Definitions and Interpretation

  1. In this deed, the following expressions shall have the following meanings:
    "Donor" means ________ of ________;
    "Attorney" means the person appointed under clause 3 below;
    "the Act" means the Powers of Attorney Act 1971.
  2. References to any statute or statutory provision include a reference to that statute or statutory provision as from time to time amended, extended or re-enacted.
  3. Words importing the singular include the plural and vice versa, and words importing one gender include every gender.
  4. Clause headings are for convenience only and shall not affect the construction or interpretation of this deed.

2. Creation of Power

  1. This general power of attorney is made on ________ by me, ________, of ________ (the Donor).
  2. I confirm that at the date of this deed I have full mental capacity and that I understand the nature and effect of granting this power of attorney.
  3. This is an ordinary (general) power of attorney and is not, and is not intended to be, a lasting power of attorney within the meaning of the Mental Capacity Act 2005. Accordingly, this power will be revoked automatically by any subsequent mental incapacity of the Donor.

3. Appointment of Attorney

I appoint:

________

of ________

as my attorney (the Attorney).

Where more than one attorney is appointed, they shall act ________ (jointly / jointly and severally).

4. Scope of Authority

  1. I authorise the Attorney to act on my behalf and in my name and generally to do anything that I can lawfully do by an attorney, in accordance with section 10 of the Act.
  2. The authority conferred by this deed shall not extend to any matter which by law cannot be delegated to an attorney.
  3. Any person or body dealing with the Attorney may rely on a copy of this deed certified in accordance with section 3 of the Act as evidence of the contents and continuing operation of this power.

5. Attorney's Duties

  1. The Attorney shall act in good faith and in the best interests of the Donor and shall exercise reasonable care and skill in the exercise of the powers conferred by this deed.
  2. The Attorney shall keep the Donor's money and property separate from the Attorney's own and shall keep proper accounts and records of all dealings and transactions made on the Donor's behalf.

6. Duration and Revocation

  1. This power of attorney shall take effect on ________ and, unless sooner revoked, shall remain in force until ________.
  2. This power may be revoked by the Donor at any time by notice in writing to the Attorney.
  3. This power shall be revoked automatically upon the death, bankruptcy or mental incapacity of the Donor, or upon the death or bankruptcy of the Attorney.
  4. The provisions of sections 5 and 6 of the Act shall apply for the protection of the Attorney and of third parties where this power has been revoked without their knowledge.

7. Indemnity

I undertake to indemnify the Attorney against all liabilities, costs and expenses properly incurred by the Attorney in the lawful exercise of the powers conferred by this deed.

8. Governing Law and Jurisdiction


IN WITNESS OF WHICH THIS DOCUMENT HAS BEEN DULY EXECUTED AND DELIVERED AS A DEED AND TAKES EFFECT ON THE DATE WRITTEN ABOVE

Executed and delivered as a deed by the Donor, ________, on ________

SIGNATURE OF DONOR:

.......................................

In the presence of:

NAME OF WITNESS: ________

SIGNATURE OF WITNESS:

.......................................

WITNESS ADDRESS: ________

WITNESS OCCUPATION: ________

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