Power of Attorney

A power of attorney is a legal document through which a mandator authorises another person, the mandatary (an attorney) to act on their behalf in legal, financial, or personal matters.

The authority granted may be general, giving broad powers, or special, limited to specific acts or situations. A single mandator may appoint several mandataries, and several mandators may likewise appoint a single mandatary.

The types of Power of Attorney are the following:

• General Power of Attorney: broad authority over the principal’s affairs;

• Specific or Limited Power of Attorney: authority restricted to particular tasks; and

• Enduring Power of Attorney: remains effective if the principal becomes incapacitated.

While some mandates may be verbal, most powers of attorney must be made in writing before a notary, especially when they involve onerous acts, such as transfers of immovable property and contracting of banking facilities, with the identities of the parties attested, and their signatures witnessed.