UK Ordinary Power of Attorney signedoverseas - steps to use in UK property matters?

[qbond]

I am trying to help some old family friends; 2 brothers. (I am a retired Australian solicitor). One lives in Australia and owns a house in the UK. He wishes to appoint his brother (UK resident) as attorney to deal with the house (selling/letting etc) and operate his UK bank account.
If a General (Ordinary) PoA in the correct UK form, declaring it is governed by UK law and under the PoA Act 1971, is executed in Tasmania, if necessary witnessed by a Notary Public, can that then be used, without any additional steps, in the UK? If not, can someone please advise (or at least point in the right direction) what additional steps are required. (The final version would contain more specific powers to deal with land etc.) I tried to attach a draft but I am not authorised to do so it seems. It includes the words: "General Power of Attorney in accordance with section 10 of the Powers of Attorney Act 1971 (UK)" and would be executed as a Deed.
Many thanks,
DY

[atticus]

What you say sounds ok, but you should check with the UK lawyer involved in the transaction, and also with the bank in question.

[qbond]

Thanks Atticus. I have now done some more research and in oparticular reviewed the following:

1. Powers of Attorney Act 1971 (UK)
2. Law of Property (Miscellaneous Provisions) Act 1989 – this stipulates what is necessary to execute a document as a deed – a PoA is such a document, as would be any transfer.
3. Practice Guide 8 – Execution of Deeds. Part 10 deals with Powers of Attorney
4. Practice Guide 9 – Powers of Attorney and Registered Land. Part 8 deals with Execution under a foreign power of attorney.

I think that even if we did one as foreshadowed, it would still be regarded as a "Foreign" PoA, and the legal opinion stipulated in 4 above would still be required (at least for dealing with land transfers), namely
"Where any document is executed pursuant to a foreign power of attorney, the applicant must provide a legal opinion from a lawyer qualified to practice in that territory confirming:
- execution by an attorney is permitted by the laws of the relevant jurisdiction
- the donor has the legal capacity to appoint an attorney
- the donor has complied with any formalities governing the appointment of an attorney in the relevant jurisdiction and is bound by the power of attorney
- the power authorised the donee to execute the relevant document on behalf of the donor, and
- the power remained valid at the time of execution."
So I think that's the course we will follow.
Grateful for you replying.
DY