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Definition
A Power of Attorney (“POA”) is a legal document that
authorises a person (the “donee” or “attorney”) to act
on another person’s behalf (the “donor”) in certain
business or personal matters. In some jurisdictions the
donee is called an ‘Attorney-in-Fact’.
For clarification sake, kindly bear in mind that the term
‘attorney’ as used in this context does not refer to an
Attorney-at-Law.
Benefits of having an ‘Attorney’
A POA can be particularly beneficial in circumstances
where one is unable to perform business or personal
transactions for himself or herself, for whatever reason.
If an individual resides in the United States of
America and is desirous of selling his/her property
that is located in Trinidad and Tobago (“T&T”), he
or she does not have to come to T&T to carry out
the transaction. He or she can simply have a POA
executed granting another individual that is situated
in T&T with the authority and powers to deal with all
transactions relevant to the sale of the property on his
or her behalf.
Additionally, if an elderly or physically incapacitated
person is unable or just does not wish to go to the bank
and line up in lengthy queues to carry out necessary
banking transactions for themselves, such person can
What is a Power of Attorney?
have a POA executed as well. In this case, the POA
can authorise another trusted individual to carry out all
banking transactions inclusive of deposits, withdrawals,
the transferring of funds from one account to another
and/or even changing/cashing pension or other
cheques, for the elderly or incapacitated person.
Further, if an individual dies intestate (without a will)
and you happen to be that person’s only surviving
next of kin and therefore entitled to apply for Letters of
Administration with respect to the deceased’s estate,
you may appoint another individual to apply for the
Grant of Letters of Administration in your name and on
your behalf via a POA, in the event you do not wish
to personally go through the hassle of making such an
application.
The above are merely examples of situations where a
POA can in fact be useful.
Powers afforded by a Power of
Attorney
The powers or authority granted by a POA are derived
solely from the wording or language incorporated in
the POA. The attorney may be granted wide-ranging
powers by the incorporation in the POA of wording
that gives blanket authority. Alternatively, the attorney
may be granted more limited powers by the use of
more restrictive language in the POA.
General or Special Power of Attorney
A General POA normally affords a donee, sweeping
authority to perform any legal act on the donor’s
behalf and it usually grants to the donee the powers to
manage the general business and personal affairs of the
donor.
A Special POA on the other hand, gives more limited
powers and grants to a donee the authority to conduct
a particular act for the donor e.g. A Special POA may
grant the relevant attorney with powers and authority
to sell the donor’s vehicle. In that regard, the POA may
give the donee the power and authority to receive the
monies from the sale of the vehicle, to sign and deliver
the relevant transfer forms at the Licensing Authority,
Transport Division, and to take all other necessary
steps and actions in pursuance and in connection with
the sale and proper transfer of the vehicle in question.
Note that a POA is an extremely significant legal
instrument since it can grant the attorney with powers
and authority to do anything that the maker of the
POA can legally do themselves.
Your Attorney
If you appoint an attorney to act under a POA, that
person ought to act within the scope of the POA that
appoints them since the POA defines their authority.
If the power to carry out an act is not included in the
POA then an attorney does not have the authority to
perform such an act. If an attorney acts outside of the
POA that appoints him then he is acting illegally and
in that case the POA appointing him or her ought to be
revoked or cancelled.
Your attorney should always act in your best interest.
He or she should act in good faith and avoid any and
all situations that create a conflict of interest. Your
attorney should be conversant in financial management
especially if he or she will be handling your business
affairs. He or she should also maintain accurate
records of all dealings/transactions undertaken on your
behalf for your knowledge and ease of reference.
Revocation of a Power of Attorney
Generally speaking, the maker of a POA may cancel or
revoke such POA at any time. However a POA ought
to be revoked on the death or bankruptcy of the donor
or if the donor becomes mentally unsound.
Conclusion
In closing I must reiterate that the wording of a POA is
very significant since the donee derives his powers and
authority from same. Consequently, the donor must
ensure that only the powers he intends to grant to his
attorney via the POA are in fact incorporated in the
POA.
One must also be very wary when selecting a donee
under a POA. The person selected ought to be
trustworthy and responsible. Remember, that person
will be charged with the gargantuan and significant
task of handling your most important business and
other affairs.
It is prudent to consult with an Attorney-at-Law prior to
executing any Power of Attorney.
The information contained in this article is provided
for general informational purposes only and is not
intended to constitute legal or other professional
advice. You should not take any actions based on
the information in this article without first seeking
professional advice with respect to your particular
circumstances.
Written by Arlene R. George
Attorney-at-Law
Email:
Phone: 221-5529
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