Power of attorney (PoA)

The person giving the power is the donor; the person receiving it is the attorney. The document should say exactly what the attorney may do, for example negotiate, sign an indenture, pay fees, apply for registration, or sell.

Making one:

• Have a lawyer draft it with clearly limited powers.
• Sign it before witnesses. If you sign abroad, have it notarised and follow the Lands Commission's requirements for documents executed outside Ghana.
• Have it stamped; see stamp duty.
• Register it at the Lands Commission if the attorney will deal with land.

Ending it. You can revoke a power of attorney. Tell the attorney in writing and, if it was registered, register the revocation.

Powers of attorney are useful but risky: an attorney can sell or mortgage land if the document allows it. Limit the powers, choose someone you trust, and ask for copies of everything they sign.

Common uses. Diaspora buyers use powers of attorney to let a relative or lawyer view land, commission a site plan and search, negotiate, sign the indenture, pay stamp duty and lodge registration. Sellers abroad use them to let someone sign a sale or lease on their behalf.

General or specific. A general power of attorney lets the attorney do almost anything with your property. A specific one is limited to named acts or a named property. For land, a specific power is safer.

Checking one you are shown. If a seller's representative relies on a power of attorney, ask for a certified copy, check that it is stamped and registered, confirm that it covers the exact transaction, and contact the donor directly to confirm it has not been revoked.

Keeping control. Ask your attorney to send you copies of every document signed and every receipt. Revoke the power in writing when the transaction is finished.

The same rules apply nationally. Diaspora buyers use powers of attorney most for land and houses in Greater Accra, Ashanti and the Central Region.

Lands Commission offices in all regions register powers of attorney. Where the donor signs outside Ghana, allow time for notarisation and courier before the document can be stamped.