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Understanding a limited power of attorney

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A power of attorney is a written authorisation for a person to act on behalf of another person. It can be very wide in scope and may include the power to sign documents, deal with financial affairs and property, etc. The person giving the power of attorney is known as the grantor. A person authorised by means of a power of attorney is called an attorney-in-fact.

Here is an example of a typical power of attorney document.

Lease of Premises

 I, [NAME] of [ADDRESS], appoint [NAME], of ________ [ADDRESS], my true and lawful attorney-in-fact for me, in my name and on my behalf:

To exercise or perform any act, power, duty, right or obligation whatsoever that I now have, or may subsequently acquire the legal right, power or capacity to exercise or perform, in connection with, arising from or relating to the lease of the property located at [ADDRESS], including the execution of all closing documents necessary to the completion of the lease of the premises.

I grant to my attorney-in-fact full power and authority to do, take, and perform each and every act or thing whatsoever necessary or proper to be done, in the exercise of any of the rights and powers granted in this instrument, as fully to all intents and purposes as I might or could do if personally present, with full power of substitution or revocation, and by this instrument I ratify and confirm whatever act or thing that my attorney-in-fact shall lawfully do or cause to be done by virtue of this durable power of attorney and the rights and powers granted by this instrument.

The rights, powers and authority of my attorney-in-fact as granted in this durable power of attorney shall commence and be in full force on the date of this instrument and such rights, powers and authority shall remain in full force and effect thereafter until completion of the lease of the property described above.

This instrument is to be construed and interpreted as a durable power of attorney. This durable power of attorney shall not be affected by disability of the principal, except as provided by statute.

In witness, by signing this instrument I affirm all that is written above.

Dated: [DATE]

_______________________________

NAME

Signed in the presence of:

___________________________

Witness

_______________________________

Witness

 

Subscribed and sworn to before me on [DATE]

____________________________________

Attorney at law, [ADDRESS]

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