Who: Do you need a Power of Attorney (POA), or are you unsure if a document has been validly executed under a POA? If so, the team at Arena Law can work with you to ensure your POA is properly prepared according to your needs or advise you on the effectiveness of a current POA.

What:  A POA is a legal document that grants an individual, known as the “attorney ” or “agent” the authority to act on behalf of another individual, known as the “principal.” A POA can be either general or specific.

When:  In the context of property transactions, a POA can be used in several ways:

• to authorise the attorney to sign documents on the principal’s behalf. This can be particularly useful if the principal is unavailable or unable to sign the documents in person;
• to authorise an attorney to make decisions related to the sale, purchase, or management of the principal’s property. This can include negotiating the terms of a sale or purchase, signing purchase agreements, and making mortgage or tax payments; or
• to authorise an attorney to manage a property on the principal’s behalf. This can include collecting rent, making repairs, and maintaining the property.

A POA can also be used in situations where the principal becomes incapacitated and unable to make decisions for themselves, allowing the attorney to act on their behalf.

Why do I need a lawyer: A POA can be revoked at any time by the principal, and this could result in a proposed signatory not having the requisite legal capacity to enter into an agreement when required. It is imperative that parties are fully aware of the scope of authority granted to the attorney and the specific terms of the POA.