Who Can Override a Power of Attorney:
Who Can Override a Power of Attorney?
A principal who grants a power of attorney can revoke it. However, he can revoke the power if he still have sound mind. if he doesn’t have sound mind, the power of attorney shall be revokable by the family members or friends. in general law practice, It s the person that granted a power of attorney that can revoke or override such power. This is possible if he overrides the power of attorney before the power is used for what it was granted.
For instance, if the power of attorney was granted to rent an apartment, it is only the person granted the power of attorney who can override such power in renting the house if the donee has not yet rented it.
What is the power of attorney?
The power of attorney can also be likened to the power of management. It is a legal document issued by a person (known as a principal) to another (known as an agent) to discharge limited or general actions. For the document to be valid, the principal must have the capacity to exercise such power which he wants to delegate to another. The power of attorney cannot be used to create power but to delineate power to another person.
The two parties involved in executing the power of attorney can be called Donor and Donee or Principal and Agent. While the principal is the person executing the power of management for another,. The agent is the person to whom power of attorney is executed for.
Power of attorney in some jurisdictions can be used for the lawful transfer of title to land. In these instances, Some Landowners usually hand over this document to their attorney and it stands to empower the donee to assume action as the owner of the land. While some power of attorney is only used to saddle one with the power of acting on the donor’s behalf.
Types of Power of Attorney
The power of attorney can either be revocable power of attorney or Irrevocable power of attorney.
Revocable Power of Attorney just as the name implies is that legal document executed by the landowner and issued to an attorney, who he has appointed to act on his behalf as regards his landed property mentioned in the document.
The Power of attorney must contain the particulars and unique features of the property for which the power of attorney is executed for. It will also be germane to include that this kind of power does not involve consideration. The Donee is not expected to pay for the power of attorney to be executed on his behalf and so the Donor can decide to revoke the power conferred on the Donee at his own will.
Irrevocable Power of attorney is executed by the Donor to the Donee in respect of a particular landed property, and the Donee is also expected to pay certain considerations.
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The most unique feature of this power of attorney is that it cannot be revoked by the Donor of his own volition as the Donee has paid for this particular power to be executed for him.
The Irrevocable power of attorney can only be found in those jurisdictions that still use Power of attorney for the transfer of ownership or title to land. However, this practice has been abhorred by recent legislation in different Jurisdictions.
Difference Between Revocable Power of Attorney and Irrevocable Power of Attorney
There is a huge difference between revocable and irrevocable power of attorney, as the former can easily be revoked by the person who donated the power at any time before the execution, but the latter cannot be revoked so easily by the donor. Their difference lies in the power of the donor to revoke the power of attorney.
Can the Donor of the Power of Attorney act on the property?
The general principle of law allows the Donor to act on the property, not minding that he has donated the power to another to act on his behalf; however, this will be effective and valid if the donor acts on the property before the person to whom the power of attorney was donated. So, the doctrine of priority will be considered here.
Importance of Power of Attorney
- It is used for the transfer of power: The owner of a property can execute this document to transfer power to another. This particular transfer of power can either be a mere transfer of power to act or a transfer of title to the property.
- Power of attorney provides a clear boundary of power delegated or conferred on the Donee.
- Revocable Power of Attorney does not need consideration to be effective.
- Power of Attorney need not be registered for it to be valid.
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