Civil Procedure
Power of Attorney
A power of attorney is a document authorising one person (the agent) to act on behalf of another (the principal) in legal or financial matters.
Legal Definition
A written authority granted by the principal to an agent to perform specified legal acts on the principal's behalf. A general power of attorney covers broad authority. A special power of attorney is limited to specific acts. Powers of attorney lapse on the principal's death or incapacity (unless coupled with an interest).
📖 Constitutional / Statutory Basis: Section 34, Constitution of the Republic of South Africa, 1996
Practical Example
You are abroad and need to sell your car. You sign a special power of attorney authorising your parent to conclude the sale on your behalf.
Frequently Asked Questions
Does a power of attorney need to be notarised?
For property transactions (DEEDS office) yes. For general matters, attestation before a commissioner of oaths suffices.
Can a person with dementia grant a power of attorney?
Only if they have legal capacity at the time of signing. A person who lacks capacity cannot validly grant a power of attorney — a curatorship may be needed.
What is a curatorship?
A court order appointing a curator to manage the affairs of a person who lacks mental capacity. It is the formal equivalent of a permanent power of attorney overseen by the court.
Related Terms
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