Q&As

If a party appoints an attorney under a power of attorney (POA) can the donor still act (or a third party be appointed to act) in respect of the same matter for which the attorney was appointed?

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Published on LexisPSL on 03/08/2018

The following Commercial Q&A provides comprehensive and up to date legal information covering:

  • If a party appoints an attorney under a power of attorney (POA) can the donor still act (or a third party be appointed to act) in respect of the same matter for which the attorney was appointed?

If a party appoints an attorney under a power of attorney (POA) can the donor still act (or a third party be appointed to act) in respect of the same matter for which the attorney was appointed?

Practice Note: Powers of attorney in commercial transactions provides practical guidance on how to grant powers of attorney, the different types of power of attorney that can be granted, and when they are likely to be used in commercial transactions. It also considers general powers of attorney, lasting powers of attorney, enduring powers of attorney and business and commercial lasting powers of attorney.

The specific power of attorney itself should be examined to look at the powers granted.

A general power of attorney is capable of revocation in the following circumstances:

  1. expressly, on notice by the donor to the donee

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