Power of attorney authorises a party to act on another persons behalf in business and legal matters. Templates, forms and samples of letters for South Africa residents are available online for download. The person authorised is commonly known as the agent or simply the attorney. While the authorising party is commonly known as the principal or donor.
It need not be a lawyer that acts as the agent. Close friends, partners and members of the family can be appointed.
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There are different types of power of attorney in South Africa. With templates and examples to download from the web of each.
There is a general kind which the agent or attorney has authority to act generally on behalf of the donor. Or a special kind which differs. In that an agent has authority to represent the donor in more specific transactions. As far as the authority goes for an agent acting under special power, precise terms are laid out.
It’s a written document which used to be subject to stamp duty. This no longer became an official requirement in the year 1999.
According to South African law it is revocable allowing the donor to withdraw it at any time. There are many professional forms and example letters as templates. These are available to download from the web for those who need help and guidance in drawing up an official power of attorney.
What is a Power of Attorney?
This means that whoever you give the power of attorney, gives them the permission to stand for you in legal matters. You can download all letters, their types and forms online. As long as you are a resident of the country.
This does not have to be a lawyer, because it can be any person you would like to control your affairs. This person will then be able to use his/her signature and it will have legal effects.
That said, the person you have chosen will act on your behalf in any matters concerning the law. Visit your legal aid centre and allow them to advise you about your rights. They will also get you the right legal templates you will need.
You will also find that there are so many letters and forms online and you may struggle to decide what types to download. And on which of them to put a signature.
Don’t allow this to scare you because there are answers and they can be found easily. Understanding the power of attorney can be difficult if you do not understand law or legislation.
Make sure to visit any legal centre in your area. Get a representative to tell you exactly what your rights are. The representative will also be able to help you get the right legal templates.
Now that you understand the question: What is the power of attorney? You now have a better understanding where you stand in matters concerning the law.