General Power Of Attorney Template | South Africa

Do you need a template for a Power Of Attorney in South Africa? Although it sounds intimidating and highly formal, a Power of Attorney is a relatively simple (but very important) document in South Africa. A Power of Attorney (POA) is a legal document in which a person (usually known as the principal) authorises a trusted person, such as a family member or an attorney(usually known as the agent), to act on their behalf in various financial and legal matters. It is often used for a specific purpose and for a fixed period. The agent may be given broad or limited powers to make decisions about the principal’s property, finances, investments, or medical care.

Below is a template for a General Power Of Attorney.

DISCLAIMER: Read and delete as appropriate. If in doubt, seek legal advice before using. Global apostille and its employees will under no circumstances accept liability for the consequences resulting from the use of this General Power of Attorney template

General power of attorney template

By this Power of Attorney, I, the undersigned,

Full Name: ,

holder of the South African ID No. , Residing at

do hereby appoint my wife/son/brother/father/mother/friend/ [Delete anything that does not apply]

Full Name: ,

holder of the South African ID No. , Residing at

as my lawful agent/representative in my name and on my behalf to execute of (do all or details of the things hereinafter mentioned).

[Delete anything that does not apply]

1. To demand, sue for and recover, any money owed to me;
2. To manage my immoveable property;
3. To manage my business affairs, investments, securities and movable property in a manner
4. the agent deems fit as well as make all payments arising thereto;
5. To institute and defend any legal proceedings arising from the management of my property or business affairs in the way the agent thinks best;
6. To deal with all accounts, claims and disputes as the agent deems fit;
7. To accept the transfer of any stocks, funds, shares, annuities and all accounts, claims, and disputes and with all other securities, which may at any time in the future be transferable to me;
8. To invest any of my money in a manner, and at such rate of interest, and upon such securities as the Agent shall in his absolute discretion deem fit. To vary from time to time the aforesaid investments or any of them and in the meantime, pending any such investment as aforesaid, to deposit the said money or any part thereof with any bank, building society or other institution authorized by law to accept money on deposit to whom or to which the Agent shall deem fit to entrust same;
9. To receive the dividends, interest and income arising from any stocks, shares or other property belonging to me, either presently or at a later stage;
10. To effect and execute all agreements entered into by me with any other person or persons;
11. To operate a banking account in my name, and to open or operate any new banking account in my name; and to draw, sign, endorse, and negotiate bills of exchange, dividend and interest warrants and negotiable instruments; and to sign and execute all contracts, transfers, deeds and other instruments on my behalf;
12. To concur with any other interested person before performing any of the abovementioned acts;
13. To manage my property and business affairs and to do this as effectively as I would do, in all respects.

I undertake to ratify and confirm all and whatsoever that my said agent/ representative shall lawfully do or cause to be done for me by virtue of the Power of Attorney hereby given.

In witness whereof I have signed this Power of Attorney on [date (dd/mm/yyyy)] .

Signature

Witness 1 Name

ID No.

Witness 2 Name

ID No.

Signature:Signature:

Requirements for a power of attorney to be valid

1. Although not specified in South African law, it is common practice for the POA to be witnessed by two witnesses (the witnesses cannot benefit from the POA), who must be over 14 years of age and able to give evidence in court. The exceptions to the two witness rule are where the power of attorney is signed before either a Commissioner of Oaths, a Magistrate or a Notary.
2. A Power Of Attorney (POA) must be in writing and must have the signatures of both the principal and the agent. The POA must clearly describe and identify the principal and the agent and the extent of the powers granted to the agent.
3. In relation to property transactions, the originally signed power of attorney, together with the relevant documents, must be registered at the Deeds Office in terms of the Deeds Registries Act 47 of 1937.
4. Powers of Attorney executed in South Africa for use overseas must be executed in the presence of a Notary Public and further legalised by means of an Apostille. Depending on the country in which the power of attorney is to be used, it may also need to be duly translated.

Do you have any questions?

Global Apostille is a Pretoria-based legalisation agency that assists corporations and individuals in getting document translation, notarisation, apostilles and embassy legalisation services in South Africa. We make the legalisation and apostille of South African documents simple for our clients.

Understanding that document legalisation can be challenging and time-consuming, our main aim is to ensure our clients feel at ease. Our goal is to lessen this load by offering top-notch translation, notarisation, apostilles services at reasonable rates, without any hidden charges.

Global Apostille can handle various types of documents on your behalf such as Power of Attorney. Our service offers a comprehensive solution, ensuring both official translation and legalisation processes are straightforward. If you want to know more about our services, feel free to get in touch with us.

So, what’s next?

Not sure what you need? Contact us at Email: info@apostillelegalisation.co.za for a free quote, otherwise, call us on 012 348 3134 | 081 347 6060 to speak with our friendly team about your requirements