How to grant a Power of Attorney?

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13 March 2019

A power of attorney (“POA”) is a legal document in which a person, known as the Principal, authorises another person, known as the Agent, to legally act on their place.

In order the appoint an Agent with a POA there are 7 steps to follow.

Below we list these steps.

STEP 1 : SELECT YOUR AGENT

Choose someone your trust.

Although the Agent is something called your “Attorney”, they do not actually need to be an Attorney / Lawyer.

The Agent should be able to lawfully act and they must be mentally competent.

STEP 2 : GET AGENT’S CONSENT

The Agent does not sign the POA, only the Principal signs.  However, it is practical to obtain their consent prior to completing your POA to avoid delays.

STEP 3 : PRINCIPAL’S DETAILS

The principal is identified at the beginning of the POA, using their name, Identity Number/Passport number and address.

You should have at least their name, you can add the rest of the information when you get the document from iLawyer.

STEP 4 – AGENT’S DETAILS

The Agent is identified at the beginning of the POA, using their name, Identity Number/Passport number and address.

You should have at least their name, you can add the rest of the information when you get the document from iLawyer.

STEP 5 – POWERS OF AGENT

What powers will the Agent have?

Will the Agent have board powers to act in all situations on behalf of the Principal or will the Agent have limited powers to act only in certain situations on behalf of the Principal?

For board power, you will use a General Power of Attorney.

For limited power, you will use a Special Power of Attorney.

iLawyer’s Power of Attorney document can by either a General or Special Power of Attorney, it depends on your preference.  Simply select Power of Attorney and complete the questionnaire; the Power of Attorney will be customised according to your requirements and preferences.

STEP 6 : PRINT AND SIGN THE POWER OF ATTORNEY PROPERLY

After you have complete your POA your need to print it and sign it properly.

In South Africa, only the Principal needs to sign the POA document.

iLawyer provides a space on every page of the POA for initials and a place to sign in full at the end of the document.  This provides certainty regarding the contents of the POA.

iLawyer, also provides space for witnesses to sign.  South African Law does not require witnesses signatures on a POA document so it is up to the Principal to use witnesses or not.

STEP 7 : ORIGINAL AND COPY

Once the POA document is signed, a copy should be made.

The Agent should take the original as they usually need to present the original document to third parties when performing legal acts on the Principal’s behalf.

The Principal may keep the copy.

DISCLAIMER: iLawyer provides information and software only. iLawyer does not provide legal advice or participate in any legal representation. iLawyer is not a law firm or a substitute for an attorney or law firm.

POWER OF ATTORNEY


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Build a General or Special POA to authorise someone to act on your behalf.

 

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