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Power of attorney 2024 (guide + free samples)

This is a definitive guide to power of attorney. 

Did you know that 33% of Americans over 55 age have a durable power of attorney? (source)

In this guide you will learn;

  • the meaning of the power of attorney
  • types of power of attorney
  • structure of power of attorney
  • sample of power of attorney
  • etc.

Power of Attorney Meaning

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Power of Attorney is a multilateral legal document, strictly not a contract, for authorization to present or/and act on behalf of another’s personal affairs or any other legal concerns.

Power of attorney involves two parties.

The person who is authorizing another person to act is called a donor or grantor.

The other who is authorized to act is called a donee.

Types of Power Of Attorney

There are two common types of power of attorney, Specific Power of Attorney and General Power of Attorney

Specific Power of Attorney

Specific Power of Attorney is a power of attorney which allows the donee to act or present the donor on a very specific task.

For example signing a certain contract, suing a certain person, operating a certain bank account, etc.

General Power of Attorney

General Power of Attorney is a power of attorney which allows the donee to act or present the donor on his or her every legal affair in his life. It is usually constructed in general terms for wider coverage.

Requirements of Power of Attorney

  1. capacity, the donor and donee must be of sound mind and appropriate age.
  2. Signed and dated by the donor
  3. Attested by the commissioner for oaths.

Specific Power of Attorney sample

SPECIAL POWER OF ATTORNEY

TO ALL WHOM THESE PRESENTS SHALL COME BY THIS POWER OF ATTORNEY GIVEN ON…..DAY OF………

That, I, the undersigned  Deogratius Jonathan Michael of [address] salaam do hereby ordain, nominate and appoint Joan Marko Samwel of [address] to be my true and lawful ATTORNEY and Agent with full power and authority to look after or sell my house and to demand and recover from all persons whomsoever all such sums which now are or shall or may at any time hereinafter become due, owing, payable or belonging to me.

I, further undertake to rectify and confirm all and whatsoever my said attorney shall lawfully do or cause to be done.

IN WITNESS WHEREOF I have hereunto set my hand this…….day of ………

SIGNED and DELIVERED at……..

by the said Deogratius Jonathan Michael being

personally known to me in                                                                       Doner

my presence this…. day of……..

BEFORE ME:

Nelson Jonas
COMMISSIONER FOR OATHS

SIGNED and DELIVERED at……….

by the said Deogratius Jonathan Michael being

personally known to me in                                                                       Donee

my presence this ……. day of……

BEFORE ME:

Nelson Jonas
COMMISSIONER FOR OATHS

General Power of Attorney sample

GENERAL POWER OF ATTORNEY

Know all men whom it may concern:

THAT I, the undersigned, Isack Martin of [insert address Postal and Physical  Address] do hereby ordain, nominate, and APPOINT Noel Johnson  of [insert address Postal and Physical Address ] to be my true and lawful Attorney and Agent, with full power and authority,

for me and in my name, and for my account and benefit, to ask, demand, sue for and recover, of and from all person or persons whomsoever; all such sum or sums of money which now are or shall, or may at any time hereafter become due, owing,

payable or belonging to me, upon and under any notes, bonds, bills, book debts, deeds, shares, stock, or other securities whatsoever; also for me and in my name, to settle and adjust accounts as she shall think fit and proper and, if necessary,

to compound for the same and  accept  a part for the whole; also to submit any matters in dispute to arbitration and to sign, seal and execute the necessary acts for that purpose; also to let and lease outhouses, to receive rents and grant receipts for the same, and in default of payment or delivery to use and take all lawful ways and means for the recovery thereof by attachment, ejectment, or otherwise;

also, if necessary, for me and in my name, to commence, prosecute, defend, any action or actions, suit or suits, at law or equity in any Courts of [state] and the same at pleasure to relinquish; also to draw, accept, or endorse, bills of exchange,

promissory notes, or cheques, in satisfaction, or on account of any debt or claim  due to, payable to, or by me; and further to buy and sell the movable or immovable property; to make,  sign,  give and receive in due and customary form,

all acts or deeds of transfer of such movable or immovable property; also to appear at the office of the Collector of Transfer Dues or any Justice of the Peace,  and then and there in my stead to make subscribe to the necessary declaration as to the truth of the purchase amount; further for me and on my behalf, to borrow or give money  on mortgage  of immovable property and to appear before the Registrar of Deeds,

Registrar of Claims,  and make, pass, give, or receive all such mortgage bonds, deeds of hypothecation, or other securities, as may be requisite or necessary, under the obligation of my person and property of every description, or  the person and property of any debtor passing such mortgage bonds, deeds of hypothecation or other securities, and also, in my name, to enter into securities of whatsoever nature or kind; also for me and in my name,

to apply for and obtain shares in any Joint Stock  or other Company and to sell or exchange the same and if necessary for me and in my name to sign all and every deed of settlement or trust deed of any Company or Companies and further

to attend personally or by proxy at any meeting or meetings or shareholders in any Company or Companies in which I shall or maybe interested, and to vote for me thereat, also to transfer all shares now held or hereafter acquired by me, and for that purpose to execute the usual and customary documents; and generally for me and in my name, to choose;  to manage and transact all my affairs in [Insert Jurisdiction] and execute such deeds or instruments as may be necessary, or most to my advantage, 

and to use all lawful ways and means thereto, as fully and effectively to all  intents and purposes as I might or could if personally present and acting therein,  hereby granting to my said Attorney and Agent full power and authority to substitute or  appoint one or more Attorney or Attorneys under him, and the same a pleasure to displace or remove,  and appoint another or others;  hereby ratifying, allowing, confirming, and promising at all times  to ratify, allow and confirm all and whatsoever my said Attorney, her substitutes shall lawfully do, or cause to be done, in or about the premises by virtue of these presents.

IN WITNESS whereof I have hereunto set my hand this……..day of……

SIGNED and DELIVERED at…….]

by the said Isack Martin Haule being           ]

personally known to me in                              ]                                         Doner

my presence this……… day of January….]

BEFORE ME:

Nelson Jonas
COMMISSIONER FOR OATHS

SIGNED and DELIVERED at………..]

by the said Noel John Nason being          ]

personally known to me in                              ]                                         Donee

my presence this …… day of January……    ]

BEFORE ME:

Nelson Jonas
COMMISSIONER FOR OATHS

Isack Kimaro
Isack Kimaro

Isack Kimaro, a lawyer, Creative Writer and self-taught SEO expert has been a prominent author of law-related topics since 2017. Through hard work, dedication, and a relentless pursuit of knowledge, Isack has successfully navigated the legal industry by providing valuable and easy-to-understand legal information to 500,000+ individuals of all levels of understanding.