Authorise an attorney to act for a single, clearly defined purpose only, such as selling a property, operating one bank account, or signing a specific document while you are away. For England and Wales. Made under the Powers of Attorney Act 1971 and ends automatically if you lose capacity.
The steps you'll complete in the guided questionnaire.
A specific power of attorney is a deed by which one person, the donor, authorises another person, the attorney, to act on their behalf in relation to one defined matter and nothing else. It might cover a single property sale, one bank account, one insurance claim or one court of tribunal step.
It is the narrow counterpart to a general power of attorney. A general power hands over the donor's whole financial life; a specific power hands over one job. Because the authority is written into the deed, anything outside it is simply not authorised, and a bank or registry reading the deed can see exactly where the limit sits. Like all powers of attorney made outside the Mental Capacity Act 2005, it ends automatically if the donor loses mental capacity.
Other names: limited power of attorney, special power of attorney, restricted power of attorney, one off power of attorney, specific POA.
| Specific power of attorney | General power of attorney | |
|---|---|---|
| Scope | One defined matter, asset or transaction | All property and financial affairs the donor can delegate |
| Legal basis | Common law, executed as a deed | s.10 Powers of Attorney Act 1971 |
| Typical duration | Until the matter completes | Until revoked or until a fixed end date |
| Risk to the donor | Contained by the wording of the deed | Broad, and dependent on the attorney's integrity |
| Ends on loss of capacity | Yes | Yes |
The value of this document is entirely in how tightly the authority is drawn. The questionnaire captures:
About the parties
About the matter
Execution
Identify the subject matter precisely. A power to deal with "my property" invites argument. A power to deal with "the freehold property known as 14 Example Road, registered at HM Land Registry under title number AB123456" does not. Banks and HM Land Registry both refuse to act on vague authority.
It must be executed as a deed. The donor signs in the presence of an independent witness, who signs and gives their name and address, and the deed is then delivered. Section 1 of the Law of Property (Miscellaneous Provisions) Act 1989 governs this.
Set an end point. A specific power should die with the transaction it was made for. Either name a date or name the event, for example completion of the sale, so that the authority cannot drift on afterwards.
Do not use this for trustee functions. If you hold property as a trustee, including as a co-owner of jointly owned land, delegating your role needs a trustee power of attorney under section 25 of the Trustee Act 1925, with its own duration limit and notice requirements.
Do not use this to plan for incapacity. Like every power of attorney made outside the Mental Capacity Act 2005, this one is revoked automatically if the donor loses mental capacity. A lasting power of attorney is the document for that purpose.
A specific power of attorney authorises the attorney to deal with one identified matter and nothing else. A general power of attorney under section 10 of the Powers of Attorney Act 1971 authorises the attorney to deal with everything in the donor's property and financial affairs that the donor may lawfully delegate. The specific power is the safer choice whenever the need is a single task.
No. There is no registration requirement and no fee. It takes effect as soon as it is validly executed as a deed and delivered.
Yes. It must be executed as a deed, so the donor signs in the presence of a witness who then attests the signature. Use an independent adult witness, not the attorney and not the attorney's spouse or civil partner.
Yes, if you own the property in your sole name and the deed identifies the property and authorises the sale and the signing of the transfer. HM Land Registry will want the original or a certified copy. If you own the property jointly with someone else, you hold it on trust, and a trustee power of attorney under section 25 of the Trustee Act 1925 is the right document instead.
Until the end date or completing event named in the deed, or until it is revoked. It also ends automatically on the donor's death, on the donor's loss of mental capacity, on the donor's bankruptcy, or on the attorney's death, incapacity or disclaimer.
No. Authority that is not granted does not exist. An attorney who acts outside the scope of the deed is acting without authority, may be personally liable to the third party, and is in breach of duty to the donor.
Yes. State whether they must act jointly, meaning both must sign every document, or jointly and severally, meaning either can act alone. For a single transaction, jointly and severally is usually more practical.
Sign a deed of revocation, give written notice to the attorney, and notify every third party who has seen the power. Until the attorney knows of the revocation, section 5 of the Powers of Attorney Act 1971 protects both the attorney and anyone dealing with them, so notice matters.
This document is drafted for England and Wales. Foreign banks, registries and notaries frequently require a power drawn under their own law, sometimes notarised and apostilled. Check what the receiving institution needs before relying on this document outside England and Wales.
Only if the deed says so. Otherwise the attorney may recover reasonable expenses but not a fee.
This page and the specific power of attorney were drafted and reviewed by the lawyers who build Hello Legal's document library.
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