Power of Attorney

Here’s a brief description of Power of Attorney.

Powers of Attorney (The Powers of Attorney and Affidavits (Bailiwick of Guernsey) Law 1995)

Allows an individual with mental capacity (the “donor”) to confer authority/power on another, or group of others, (the “attorney”) to do, on behalf of the donor, anything which the donor could lawfully do himself.

A Power of Attorney may be used, for example, by a donor, who is out of the island for some time, to grant the power to sell his house to an attorney as the donor is to be unable to attend court.

• A Specific Power of Attorney states one or more specific functions which can be carried out on the donor’s behalf.
• A General Power of Attorney gives, as it states, general powers to carry out any functions on the donor’s behalf.
• A donor must have the mental capacity to be able to confer the power, or powers, on the attorney. (This is unlike the situation regarding Guardianship where a Guardian is appointed to manage the affairs of an individual who is mentally incapable of doing so himself).
• Once a donor becomes mentally incapable the power of attorney will lapse under Guernsey Law.
• A Power of Attorney can be revoked by the donor at any time.
• A Power of Attorney must be sworn in accordance with the terms of the Power of Attorney and Affidavits (Bailiwick of Guernsey) Law 1995.
• Lasting Power of Attorney can also be created under the (Bailiwick of Guernsey) Law, 2020 – Lasting Power of Attorney. Please see our brief guide under Lasting Power of Attorney for more information.
• The grant of any Power of Attorney should only be considered after receiving appropriate legal advice.

NOTE: The corresponding laws in Jersey and the UK differ to the Bailiwick of Guernsey laws.