What is a Power of Attorney
A Power of Attorney (“POA”) is a a legal document by which a person (the “donor” or “grantor”) grants another person (the “attorney” or “agent,” who does not need to be a lawyer) the legal authority to act on their behalf in specified matters. This authority can cover legal, financial, property, and other personal affairs.
Types of Powers of Attorney
Locally they are two (2) different types of POAs are available to suit various needs:
- General POA:
Grants broad authority for a wide range of financial and legal matters, but typically ends if the principal becomes incapacitated.
- Specific POA:
Grants authority for only specific, defined tasks or a limited period (e.g., selling a single property while the principal is out of the country).
Key Aspects of a Power of Attorney
- Purpose: A POA is used when someone is unable to conduct their own business due to ill health, absence from the country, or for convenience.
- Execution: The document must be in writing, signed, and witnessed. For general POAs affecting real property (land), the document must be registered at the Land Registration Office of Barbados.
- Scope: The powers granted can be general (broad authority to do almost any legal act the donor can do) or specific/limited (restricted to a specified act or purpose).
- Duration: An ordinary POA is not a substitute for a will and generally ceases upon the death of the donor. It is also automatically revoked if the donor is diagnosed with a mental disability/incapacity.
How to Access Services
Contact our Legal Team at 622-8911/12/13 to set up an appointment.