What types of Power of Attorney are there in South Africa? General or Special POA?
29 March 2021
If you need someone to legally act on your behalf you will need to give them either a General Power of Attorney or a Special Power of Attorney.
A Power of Attorney (or “POA”) is a written document in which one person (“the Principal”) appoints another person (“the Agent”) to act on his or her behalf.
The Power of Attorney will set out the acts and functions that the Agent is authorised to perform on the Principal’s behalf.
The Principal will sign the POA and the Agent will present the POA to third-parties (people or institutions) to prove that he/she (the Agent) is authorised to act on the Principal’s behalf.
There are 2 types of Power of Attorney
There are two kinds of powers of attorney: the general kind, in which the agent or attorney is given authority to act generally on behalf of the principal; or a special kind, in which an agent is authorised to act and represent the principal in only specific transactions.
General Power of Attorney
A General POA gives broad powers to the Agent to act on behalf of the Principal.
These powers include most aspects of the Principal’s life.
A General POA is an effective tool if the Principal will be out of the country and needs someone to handle certain matters, or when the Principal is not physically capable of managing their affairs.
Special Power of Attorney
A Special POA also gives the Agent powers to act on the Principal’s behalf.
However, these powers will be limited according to the Principal’s preferences and needs.
A Special POA is often used when the Principal cannot handle certain affairs due to other commitments; for health reasons, or because someone else is more suited to perform the task than the Principal.
iLawyer Special Power of Attorney allows to the Principal the grant powers relating to:
- Bank accounts
- Selling immovable property
- Manage immovable property
- Selling movable property
- Manage a business
- Dealing with financial matters
- Or any other situation the Principal needs assistance with.
DISCLAIMER: THIS INFORMATION DOES NOT CONSTITUTE LEGAL ADVICE. IT IS ALWAYS ADVISABLE TO DISCUSS YOUR SITUATION WITH AN ATTORNEY OR PROFESSIONAL.
POWER OF ATTORNEY
Build a General or Special POA to authorise someone to act on your behalf.