Assigning power of attorney
I have been granted a power of attorney to assist someone in a land transaction. I have no time to act. Can I assign or delegate this power of attorney to someone else who is equally competent to act.
RB, Dar
A Power of Attorney (POA) is a written authorisation to represent or act on another’s behalf in private affairs, business, or some other legal matter. The person authorising the other to act is usually the donor and the one authorised to act is the done or the attorney.
The person who creates a power of attorney, known as the grantor, can only do so when he/she has the requisite mental capacity. In some powers of attorney the grantor states that he/she wishes the document to remain in effect even after he/she becomes incapacitated. This type of power is commonly referred to as a durable power of attorney which has, to the best of our knowledge, not been tested in Tanzania.
In the instant case, it is unlikely that you can further delegate your powers under the power of attorney, unless the power of attorney specifically states so. Under the legal principle of delegata potestas non potest delegari, no delegated powers can be further delegated. Your lawyer can guide you further.