Power of Attorney

What is a Power of Attorney?

A Power of Attorney is a document that could be under seal which authorises a person to act on behalf of another person as his agent. The person who donates the power is called the "donor" (Principal) while the person to whom it is donated is called the "donee" (Attorney) .

A Power of Attorney merely warrants and authorises the donee to do certain acts on behalf and in the name of the donor and so it's not an instrument that transfers, alienates, charges, limits, or confers any title to the donee, rather it's the authority given to the donee to act for and in the name of the donor to a third party.

When you need a little help making big decisions, a Power of Attorney (also known as a POA) allows you to give legal permission to someone else to act on your behalf.

With a Power of Attorney, you can give someone the ability to:

• Write cheques
• Sign official documents
• Handle other legal matters on your behalf

Whether or not you're going to be unavailable, or you just want to prepare against an unexpected illness or incapacity, create a Power of Attorney to make sure the right person takes decisions for you.

Circumstances requiring a Power of Attorney :

The choice of a Power of Attorney as an instrument of delegation naturally comes as an option to a Solicitor where a client presents any or all of these problems -

• You want to grant authority to someone to act on your behalf in your absence as a result of being physically away from the property being sought to be dealt with or lack of time by the donor to handle such properties.
• You want to grant authority to someone to act on your behalf in the event you become incapacitated, ill-health or some physical impairment making it difficult for the donor to handle his affairs in respect of the property.
• You want to grant authority to someone to act on your behalf in specific situation or when an expert skills of the donee is required such as where a donor donates to an Estate Agent or Solicitor the responsibilities to put tenants in possession, collection of rent, revise rent, sue for rent, and evict tenants on a property.

Here's some information you'll need to create your own Power of Attorney:

Selecting your agents:

The donor (Principal) and the donee (agent) must be persons in law i.e persons capable of suing and being sued. It's generally held that bankrupts, infants, mentally incapable persons and enemy aliens can not grant a Power of Attorney as a result of these disabilities.

You'll need to have an agent (a person acting on your behalf) who is at least eighteen years old. You may want for your agent to be a family member, a trusted, longtime friend or professional, such as your lawyer, doctor or accountant. You may grant power of attorney authority to more than one agent.

Before you start, discuss why you're creating the Power of Attorney with the person you choose, how long you expect them to serve as your agents, and how much they'll be paid, if anything. These terms will be included in your document, but having a conversation with your agents before creating the document can help prevent misunderstandings after they have been granted the Power of Attorney.

What if your POA agent doesn't follow your wishes?

A number of agent provisions are included in a Power of Attorney form. Agent provisions clarify issues related to how the agent handles your affairs including: misconduct, compensation, and accountings of the agent's actions.

Updating and changing your Power of Attorney:

You can revoke a signed power of attorney at any time, regardless of the reason. For example, you may change your mind about the POA agent you selected. The revocation should be made in writing using a Revocation of Power of Attorney form, and you must provide notice to the agent under the Power of Attorney that you are revoking.