What is the difference between a Special Power of Attorney and a General Power of Attorney?
SPECIAL POWER OF ATTORNEY
- Relates to specific matters and / or acts which the grantor has a need for to be managed on his / her behalf.
- Grant specific powers to the grantee in order to fulfil the wishes of the grantee.
- Can be granted when the grantor travel overseas.
- Used by attorneys in order to administer deceased estates where the Executor is not the attorney.
GENERAL POWER OF ATTORNEY
- Relates to all matters of the grantors life and / or specific life decisions to be made on his / her behalf.
- Most often granted when the grantor is too frail to physically sign documents.
- Required to be registered in the deeds office to enable the grantee to deal with the property of the grantor.
DID YOU KNOW?
A Power of Attorney is only valid in South Africa when the individual (the grantor) is still compos mentis (having full control of one’s mind).
Should the person not be compos mentis, a curator will have to be appointed in order to manage the affairs and estate of the individual.