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Question Title: Power of attorney
| Question: 375 |
| I have been told that I will need to obtain a power of attorney to deal with one of my landlords' properties. What is this and what does it mean?
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| A power of attorney is a means by which one person, usually called the donor, can appoint another person or persons to act in the name of the donor. The power of attorney can be either general in nature permitting the attorney to carry out any act that the donor could have carried out personally, with some minor exceptions to this, or it can be given for a specific task, for example the letting and management of a particular property. A power of attorney may be useful where an agent is managing a property for an owner who is difficult to contact (e.g. a person on extended travels abroad) or someone who is incapable of managing their own affairs (e.g. an elderly person). Anyone who has legal capacity can give a power of attorney. This means that the person giving the power of attorney must be over the age of 18 years and must not be mentally incapable. Once granted, a power of attorney can be removed by specific revocation by the donor; implied revocation by the donor, where some act by the donor inconsistent with the continuation of the power; death or bankruptcy of the donor or the mental incapacity of the donor. Because a power of attorney must be executed by deed and in the presence of witnesses, it would be wise to take proper legal advice before attempting to set up such arrangements. For more information, see our previous Students Notes article (Letting Update, July 1999 - Powers of Attorney, p26) and the Letting Handbook (chapter 17).
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References:
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Pages:
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Hyperlinks:
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Letting Update Journal |
July 1999, page 26 |
letting-update-journal.html
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Letting Handbook |
chapter 17 |
letting-handbook-and-factsheets.html
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