An increasing number of readers are hitting this site for information on Power of Attorney (POA) instruments that empowers one to act for another.
Don’t be intimidated by the term ‘Power of attorney’, and when you get a proper understanding, do not abuse the privilege it gives. You are not the only one trying to decipher the powers and relevance of such instrument in this third world country where the laws at not extensively defined.
You would be surprised to know that even attorneys-at-law sometimes need to be empowered with powers of attorney instrument, and in the reverse the tool does not qualify you as an attorney-at-law, even though you are empowered to act lawfully in a court of law. So best thing take your time to understand this instrument of power, which by the way dies with the donor.
There are a few guidlines to assist you along.
This document is from The National Land Agency as it relates to Jamaica as a start.
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There are also articles to be used for reference. Here’s one on this media website. What Jamaicans should know about power of attorney.
It discusses, the who, the why, the types, the elements, the formatting, the procedures etc as relating to Power of Attorney instruments.
There’s more, so keep linked to this site as we update you…
USEFUL HINTS ON POWER OF ATTORNEY IN JAMAICA
- Power of attorney instrument can be of fact, of law, or both
- Power of Attorney instrument can be from multiple persons, or given to multiple persons
- Power of attorney instruments must be stamped at the Taxation Department, and then recorded with the Island Records Office of Jamaica, but in certain circumstances, it becomes compulsory to lodge a proper copy with the National Land agency as well
- Power of Attorney instruments are technical documents and require expertise and experience. There is an increase in persons such as Justices of the Peace, drafting them but if they are needed for challenging situations head to an attorney-at-law
- Several entities have their own pre-worded and pre-formatted POA such as banks, National Land Agency, so always check for measuring yours or for necessity of drafting an independent one
- Some entities keep the original POA, so check how many are needed before you begin drafting. This is so even when one is drafted to fit several requirements and entities
- The POA instrument DOES NOT give you any right to act independent of the principal. Its best to get an additional contract as several times persons retract verbal instructions.
- At the onset, discuss your fees and indicate some structure or payment right in the power of attorney instrument,
Keep reading for more on this media website!
The above does not constitute legal advice, but are articles presented by inhouse senior journalists after research, plus discussion with attorneys-at-law and other specialists. Names are sometimes changed by request of the readers.
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