Special Power of Attorney

SPECIAL POWER OF ATTORNEY

Summary A Special Power of Attorney may be used where a person needs to give someone else authority to perform a specific transaction, or to conduct or oversee a particular activity on their behalf.

Why do I need a Special Power of Attorney? Before a person can transact, enter into legal agreements or conduct activities on behalf of another person, the consent of that person is required. For example, the authority to sell someone else’s goods or vehicle, the authority to collect rent owing or take legal action against a non-paying tenant, or the authority to sign an agreement. This template SPA can assist you to record the consent and extent of the authority granted.

Who should use a Power of Attorney? If you want to authorise someone else to do something, sign a document or enter into a specific transaction or agreement on your behalf, then a Power of Attorney may be used. It is often used by people who are unable to attend to the transaction themselves because they are travelling, live somewhere else, or are physically incapacitated. It is also commonly used by elderly people who ask their adult children to attend to their affairs on their behalf.

Note that this Special Power of Attorney, or SPA, is limited to the specific, identified activity that you describe in this document. If a principal wants to grant the agent wide and all-encompassing authority, our General Power of Attorney may be considered.

What does the Power of Attorney say? The mandate consists of: the details of the transaction, agreement, or activity to be attended to by the agent; and the details of the agent mandated to enter into the transaction, agreement, or activity on the principal’s behalf.

What does the Power of Attorney look like? The template mandate can be printed onto one page.

What do you need to do to use the template?

• Read the sample SPA to ensure that it suits your requirements. Make changes as required.
• Complete the relevant details of the transaction or activity, and sign.

Be aware that a Special Power of Attorney may have limited application in instances where transactions have additional requirements, which can include signing powers over a bank account or selling immovable property. The relevant additional requirements depends on the transaction and any statutory requirements that may apply.

Also known as: Authorisation; Principal and Agent; mandate

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