What are the requirements for a power of attorney (POA) and how do I obtain a power of Attorney.
By Shelton Mahandana
Principal: is the individual or entity who grants authority to an agent to act on their behalf through a Power of Attorney, while retaining ultimate control and responsibility for the actions taken by the agent, in this instance being the Attorney.
Agent: refers to an individual or entity authorized to act on behalf of another party, known as the principal.
Requirement(s):-
- A power of attorney must be in writing clearly defining the principal, the agent and the actions authorised by POA.
- Both the principal and the agent must be legal competent individuals of sound mind and over the age of 18 years old to enter into POA agreement.
- A power of attorney can only be granted concerning a right or action that the principal already has the capacity to carry out.
- The power of attorney must be signed and initialled by the principal in the presence of two competent witnesses who will sign in their capacity as witnesses.
- If signed outside of south Africa, the proper authentication process will need to be followed to comply with Rule 63 of the High Court Rules.
How to get Power of Attorney
- Consult with a legal professional.
- Determine the type of power of attorney one need. In South Africa we have two types of power of attorney which is general and special power of Attorney.
- Draft the power of attorney, the document should clearly state the powers granted to the agent.
- The document (POA) needs to be signed and witnessed.
- Register the document with South African Deeds office or the Master of the High Court to ensure the validity and prevent any disputes in the future.
- Review and update the POA to ensure it remain up to date.
Obtaining a Power of Attorney requires adherence to specific legal requirements regarding documentation, capacity, and signing procedures. By understanding these requirements and following necessary steps, individuals can create valid and effective POA and protect their interest in various matters.
