FROM MY LEGAL LIBRARY
POWER
OF ATTORNEY
What is a power of attorney? [pa] In
short it is when you give someone else the authority to do something on your
behalf.
EXAMPLE
ONE: You can
give someone the authority to do one specific thing for instance: to buy on
your behalf a specific motor vehicle for a specific price and not more. Once
your agent bought that specific motor vehicle at that specific price, the power
of attorney lapses or comes to an automatic end.
EXAMPLE
TWO: You give someone the power of attorney to
attend to your affairs for exactly 12 months – and at the anniversary it comes
to an end.
EXAMPLE
THREE: You give
someone the power of attorney to act on your behalf for an unlimited period of
time.
In all three examples you may terminate
it without giving any reasons to the other.
HOW
DO YOU EXECUTE A POWER OF ATTORNEY? It is
a legal document that you write out and sign it. The other person does not have
to accept it. If the other does not accept it, he/she can do so explicitly or
tacitly [that is he/she is simply not acting in terms of the power of
attorney].
The court will always go behind the
power of attorney to discover the true nature of the transaction.
I give
you herewith an example of a simple general power of attorney. You are however
strongly advised to seek professional help for your specific needs.
[THIS IS AN EXAMPLE OF A SIMPLE GENERAL POWER OF
ATTORNEY.
I STRONGLY ADVISE YOU TO SEEK PROFESSIONAL
ASSISTANCE FOR YOUR SPECIFIC NEEDS]
GENERAL POWER OF ATTORNEY
KNOW ALL MEN WHOM IT MAY CONCERN THAT
I, the
undersigned
[FILL IN FULL NAMES & SURNAME]
IDENTITY NUMBER: [FILL IN THE NUMBER]
ADRESS [FILL IN THE EXACT PHYSICAL ADDRESS]
Do
hereby nominate, constitute and appoint [FILL IN FULL
NAMES & SURNAME] [IDENTITY NUMBER [FILL IN
THE NUMBER]] of ADRESS [FILL IN THE EXACT PHYSICAL
ADDRESS] with power of substitution to be my lawful agent in my name,
place and stead, to represent me and to exercise all my powers aforesaid as
fully and effectually as I might or could do if personally present and acting
in person without in any way detracting from the powers aforesaid and I hereby
authorise my agent:
1.
To
collect monies, give and grant receipts, quittances and discharges, and to
compound any claims in the said estate.
2.
To
prosecute, defend, abandon, compromise or take on appeal any legal proceedings
brought by or against the estate.
3.
To
open and operate a banking account in my name at [Fill name of the Bank] Bank
on my behalf and to sign or endorse any negotiable instruments for and on
behalf of the estate.
4.
To
invest and deal with any investments belonging to the estate and to consent to
the cancellation or release of any securities.
5.
To
sell movable and immovable property, shares, stocks and securities belonging to
the estate and for such price and upon such terms as my agent in his sole
discretion deem fit and to give transfer thereof to any purchaser or
purchasers.
6.
To
sign any estate accounts and all documents that may be necessary or required in
connection with or arising out of the administration of the estate.
7.
To
transfer from the estate movable to any person or persons entitled thereto by
reason of purchase, bequest, legacy or otherwise howsoever and to sign all or
any documents required to give effect to such transfer.
And
generally for effecting the purposes aforesaid, to do or cause to be done
whatsoever shall be requisite, as fully and effectually, for all intents and
purposes, as I might or could do if personally present and acting herein,
hereby ratifying, allowing and confirming and promising and agreeing to ratify,
allow and confirm all and whatsoever my agent shall lawfully do or cause to be
done, by virtue of these presents.
DATED AT
ON THIS DAY OF 2016
_________________________________________
________
[FILL IN YOUR FULL NAMES & SURNAME] WITNESS
IDENTITY
NUMBER: [FILL IN THE NUMBER]
