[Please note that this is a general summary of our Powers of Attorney and does not constitute legal advice. As each jurisdiction may be different, you may want to speak to your local lawyer.]
SUMMARY OF POWERS OF ATTORNEY TEMPLATES:
Members are often confused on which document to use in relation to Powers of Attorney. The following table is a quick reference guide:
Documents | When to Use |
POA - Individual - Unlimited and Unqualified | This statutory form of power is similar to that contained in the English Powers of Attorney Act. It is suitable only for use by an individual since it is unlimited and unqualified. It therefore enables to the Attorney to do any act which may be done by the Principal except those which require the Principal to act himself (e.g. swearing an affidavit or performing duties of a personal office held by him, e.g. directorship). |
POA - Individual - Limited | This POA for individual is limited in terms of the powers granted to the Attorney, as well as a limitation in the term (time) given. |
POA - Individual - Incapacitated Financial Affairs | This enduring POA for individual is to appoint an Attorney to manage his / her financial affairs in case he /she becomes incapacitated / lacks mental capacity to make decisions. |
POA - Individual - Incapacitated Medical Decisions | This medical POA for individual is to appoint an Attorney to make medical, health and care decisions in case he /she becomes incapacitated / lacks mental capacity to make decisions. |
POA - Corporate - Transaction | This POA is suitable for a corporate entity in connection with appointing an Attorney for the execution of a corporate or commercial transaction. |
POA - Corporate - Documents Execution | This POA is suitable for a corporate entity in connection with appointing an Attorney for the execution of documents. |
POA - Corporate - Company Secretary | This POA is suitable for a corporate entity in connection with the appointment of a company secretary or a corporate servicing company for the performance of corporate services. |
POA - Corporate - General | This POA is drafted for a company to appoint an Attorney for general / specific purposes. |
POA - Corporate - Security | This POA is drafted for a company (the security provider) to appoint an Attorney (the lender) for the purpose of enforcing the security. |
Form of Power of Attorney
A power of Attorney (POA) is a document that allows you to appoint a person or organisation to manage your affairs if you become unable to do so. An instrument creating a power of Attorney must be executed as a Deed. Strictly, a power of Attorney (as opposed to the less formal appointment of an agent) is only required where the Attorney is to execute a deed on behalf of his appointor. Here are some common examples:
General Power of Attorney - gives broad powers to a person or organisation (the Attorney) to act on behalf of the Principal. General power of Attorney is an effective tool if the Principal needs someone to handle certain matters in a different jurisdiction, or when the Principal physically or mentally incapable of managing its own affairs.
Special Power of Attorney - the Attorney is given specific powers to act on behalf of the Principal. This is often used when one cannot handle certain affairs due to other commitments or health reasons. For example, selling or managing property, execution of documents and handling business transactions are some of the common matters specified in a special power of Attorney document.
Medical Power of Attorney - appoint an Attorney to make medical, health and care decisions in case he /she becomes incapacitated / lack mental capacity to make decisions. While not the same thing as a living will, many jurisdictions allow you to include your preference about being kept on life support.
Enduring Power of Attorney - appoint an Attorney to manage his / her financial affairs in case he /she becomes incapacitated / lack mental capacity to make decisions. Can specify in the power of Attorney that it cannot go into effect until a doctor certifies the Principal as mentally incompetent. Can also specify the medical practitioner. An ordinary power of Attorney is automatically revoked by the mental incapacity of the Principal, which is why an Enduring POA is required in this instance.
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