Introduction
Grant of authority by one person to another to act on their
behalf can have significant consequences, both for the issuer and
the person so authorised. Irrespective of the purpose for issuing a
power of attorney, the extent of powers granted pursuant to a power
of attorney, or the duration of its validity, it is important to be
advised of the consequences and responsibilities attendant to a
power of attorney.
This Article examines issues that ought to be considered by the
issuer and the holder of a power of attorney.
What is a power of attorney?
The Powers-of-Attorney Act, 1882 ('POA Act') contains
the law relating to powers-of-attorney. Under the POA Act, the
holder (or donee) of a power-of-attorney may, if he thinks fit,
execute or do any instrument or thing in and with his own name and
signature, and his own seal, where sealing is required, by the
authority of the issuer (or donor) of the power; and every
instrument and thing so executed and
