Civil Procedure

General vs Special Power of Attorney

A general power of attorney authorises an agent to act in all matters on behalf of the principal. A special power of attorney is limited to specific acts. Both must be in writing.

Legal Definition

A power of attorney (POA) is a written authorisation for one person (agent/attorney-in-fact) to act on behalf of another (principal). A general POA grants broad authority to manage all legal and financial affairs. A special POA authorises only specific transactions (e.g., signing a property transfer, collecting a payment). Both types lapse automatically on the principal's death, insolvency, or mental incapacity — unless it is an enduring (durable) POA specially executed to survive incapacity.

📖 Constitutional / Statutory Basis: Section 34 (access to courts — legal representation)

Practical Example

An elderly person grants their adult child a general power of attorney to manage all their bank accounts, property, and contracts while they travel abroad.

Frequently Asked Questions

Does a power of attorney need to be notarised in South Africa?

For most domestic purposes, a POA witnessed by two competent adults is valid. For property transactions requiring registration in the Deeds Registry, the POA must be a notarial deed. For use abroad, it should be apostilled.

Does a power of attorney lapse when the principal becomes mentally incapacitated in South Africa?

A standard POA lapses automatically on the principal's incapacity. South African law does not have a formal "durable" or "enduring" POA equivalent to other jurisdictions. Families must apply to the High Court for a curatorship order if the principal is incapacitated and a POA was not established.

Related Terms

Know the law. Know what to say.

Get the free South African rights checklist — 10 real scenarios, exact words to use, constitutional references. No card needed.