Power of Attorney
What is a Power of Attorney?
A Power of Attorney ("POA") is a document created by a person who appoints another person to act on his behalf on matters specifically stated in the POA.
When do you need a Power of Attorney?
A POA is a written authorisation to represent or act on another's behalf in matters such as buying, selling or rental of properties that include HDB flats or private properties. You will usually require a POA when you will be overseas and you need someone to help you in your business or legal affairs in Singapore.
Who are the parties in the Power of Attorney
The "donor" is the creator of the document while the person who receives the authority is the "donee". The donee is usually a relative, a friend or any person you can trust and rely on to sign legal documents or to act on your behalf.
When does a Power of Attorney become invalid?
In the event the donor is not happy with the donee's performance or past decisions taken on the donor's behalf, the donor can revoke the POA and sign a fresh POA appointing a new donee.
POAs are valid until the date of expiration as stated in the POA, upon death or incapacity of the donor or until revoked by the donor.
How to prepare a Power of Attorney?
You need to engage a solicitor to prepare the POA. The POA has to be signed by the donor in the presence of a solicitor. If you are already out of Singapore, you must sign the POA in the presence of a Notary Public or Singapore High Commission in the country that you are currently in.
After the POA has been signed, your solicitor will need to register the POA with the High Court Registry before it becomes legally enforceable.
Can I use a Power of Attorney for all documents?
For buying of HDB flats, the POA cannot be used for the following documents in which you have to sign them personally:
- application form
- statutory declarations
- personal undertakings
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