What is a Power of Attorney?
This is a document that gives a person the authority to act on behalf of another in specified legal or financial matters. The person authorizing the other to act is the principal, grantor, or donor (of the power). The one authorized to act is the agent
A Power of Attorney can be general (granting broad powers over your affairs) or it may be special (allowing your agent power only over specific situations.) You can also choose to make your document durable, meaning that your agent’s powers remain in effect even if you become incompetent or incapable of handling your affairs.
How do I get a Power of Attorney document?
When you submit the form on the right, ASB advocates will contact you and later email you a form that you can fill. With the information collected, we will process your Power of Attorney document in 3 working days
In the meantime, Familiarise yourself with the following checklist of things we will require from you.
- Full name of the person seeking service
- A brief statement on the purpose of the power of attorney.
- Duration of the Power of Attorney.
- National ID/passport of parties and passport photographs.
- Physical address and telephone on which to seek signatures and delivery.
What is the difference between a General Power of Attorney and a Durable Power of Attorney?
A General Power of Attorney ends when you become incapacitated. Contrastingly, a Durable Power of Attorney contains specific language which maintains your agent’s authority even if you are unable to communicate or make decisions for yourself.
What can a Power of Attorney not do?
Typically, a Power of Attorney cannot grant the agent the ability to:
- Change the principal’s will. (read more about wills here)
- Change or transfer Power of Attorney to another person.
- Break their fiduciary duty to act in the principal’s best interest.
- Make decisions on behalf of the principal following their death, with a few exceptions.