General or Special power of attorney?Special and General powers of attorneys are useful tools in property transactions.
What is a power of attorney?
A power of attorney (hereinafter referred to as “POA”) is a legal document authorising someone (an agent) to perform certain/general acts on behalf of the person giving the authorisation (the principal).
When would I need a Power of Attorney?
POA’s are mostly used for sake of convenience, where a person is overseas or unavailable to perform an act in person. For example, where a person purchases a house in South Africa, but they are working overseas, then they would be able to sign a POA giving someone authority to sign the necessary documentation on his/her behalf here in South Africa.
Are there different types of POA’s?
What makes a POA valid?
Must a POA be registered in the Deeds Office?
Can a General POA registered in one Deeds Registry be used in another Deeds Registry?
Yes. A Regulation 65 copy will need to be obtained and registered for this purpose.
Can a POA be cancelled?
Yes, the general rule is that a POA can be revoked at any time, however, there are exceptions to this rule.
How do I cancel a POA?
In terms of Regulation 65(12) of the DRA, a notice of the revocation of any POA filed in a Deeds Registry will only be recognised if it is signed by the principal or by some person expressly authorised by him in writing to revoke same. It is suggested that notification of such revocation be given in writing to the agent.
Contact us to draft your Special or General power of attorney at email@example.com
This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your adviser for specific and detailed advice. Errors and omissions excepted (E&OE)