This week, Maurice K. from St. Thomas writes to ask about a power of attorney as he intends to execute one soon before he leaves for the United Kingdom.

Firstly, let me say that a power of attorney is an authorisation to act on someone else's behalf in a legal or business matter. Power of attorney is used in a range of matters, especially in land-related matters. Many people give a power of attorney to others to sell land on their behalf, collect rent, bring claim in court, access bank accounts among other things.

The person authorising the act is the principal or granter of the power while the person authorised to act is the agent or attorney- in-fact.

Most power of attorneys are usually drafted by attorneys-at-law. The person giving the power is required to instruct the attorney-at-law to draft the document giving specific power to the agent. In light of this, care must be taken to ensure that only the power you want to give is mentioned in the document to be signed by the grantor. For instance, to negotiate a sale or collect rent and to lodge rental into a specific account.

As agent, you are now a fiduciary for the principal and the law requires complete honesty and loyalty to the principal with respect to your dealings with third parties. Where the agent is paid, this agreement is usually in a separate document from the power of attorney, which has to be shown to various people.

Notwithstanding the above, a power of attorney may be verbal as, for example, when one asks another to negotiate a sale. However, for some purposes the law requires a written document especially if it concerns the transfer of land, transactions at banks or instructions to hospitals and other institutions.

When a written power is prepared, it must be stamped at the stamped office and registered at the Registrar General's Department in Spanish Town, St. Catherine. If it concerns registered land, the volume and folio numbers must be mentioned in the power of attorney. After registration at the Registrar General's Department, it must be lodged with the Titles Office for registration before it is accepted and honoured at most business places. Note that most business places will require the original or a certified copy of the original to be kept on their files.

Power of attorney may be special or limited to a specified act or it may be general in nature. This is called the scope of the power.

Generally, a power of attorney becomes ineffective if the principal dies or becomes incapacitated due to physical or mental injury, unless it is mentioned in the power that it will continue in those circumstances.

Unless the power of attorney is irrevocable by its own terms, the principal may revoke it by communication to the agent. It might even be necessary to inform third parties who may believe that the power is still in force.

Keith N. Bishop is an attorney-at-law and partner in the firm of Bishop & Fullerton. He may be contacted by email at knbishop@gmail.com