Power of attorney is a term that you may have come across, whether in the media or in your day-to-day life. And you may have wondered exactly what it entails and the kind of legal power that this document bestows on an individual. Our guide explains this in detail to help you make the right decisions when it comes to your legal affairs.
What Is a Power Of Attorney?
This is a legal document recognized under the Kenyan laws that allows one to give the legal power to someone else to handle their legal affairs. It is a form of delegation of the maker’s powers to a third party.
The parties involved in the document would therefore have to sit down together and agree on what is to be delegated. They both have to agree on the enormity of the appointment and their responsibilities to the same.
Understanding the Different Types
It’s important to note that there are different powers of attorney, including a ‘general power’ of attorney where the selected individual, who is called the attorney, is given the power by the creator of that “power of attorney” to handle any matters regarding that person’s legal affairs or certain areas of the legal affairs.
Examples of such affairs include the following:
- Financial matters where the attorney is given the power to deal with that individual’s financial matters,
- Medical matters where the attorney is given power by the creator to deal with all health matters regarding that individual, including health directives in cases where that individual may be incapacitated and or unable to make medical decisions.
The other type of power of attorney is ‘special’ in that the creator gives the attorney the power to handle specific matters stated in the power of attorney documents. This is an important legal document that hands over the power of the affairs of the creator to the attorney to assist the latter to do many things that the creator may not have been able to do for various reasons, including the creator’s incapacitation or the distance between the creator and what needs to be done physically, etc.
Important Note
The power of attorney lasts as long as the maker is living and dies with the maker. See will.
The Legality of a Power of Attorney
While creating this legal document might seem simple on the surface, there are numerous considerations to make when entering into such an agreement.
For one, this document has to be properly made and executed by the necessary parties in order for it to be effective. Secondly, it has to be registered; failure to which, it is not legally enforceable. Thirdly, the document has to be well drawn and clearly state the intentions of the maker to ensure that the same is not abused.
It is also crucial for the maker of the document to ensure that the appointed attorney is a very trustworthy person, considering the power he or she wields.
Get Legal Help
As you have seen, a power of attorney is an important legal document that can help a person delegate their legal duties to another person and can arise from different circumstances. While this delegation is legal and beneficial to both parties, it’s also important to recognize that this legal document confers a lot of power to the power of attorney. As such, it is in your best interests to ensure that the agreement you enter into protects you legally.
And that’s why our team of legal experts is here to help you not only draft a power of attorney but also advise you on what legal duties you can delegate to another person. To receive a personalized consultation, simply use the form below to book an appointment.