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Procedure For Writing A Power Of Attorney By Yourself

Contract law, Employment/Labour Law, Land law/Real estate, Property Law, Uncategorized

Procedure For Writing A Power Of Attorney By Yourself

Power of Attorney

A written document in which one person (the principal) appoints another person to act as an agent onhis or her behalf, thus conferring authority on the agent to perform certain acts or functions on behalf of the principal. Powers of attorney are routinely granted to allow the agent to take care of a variety of transactions for the principal, which may include powers to mortgage, sell, or otherwise dispose of any real or personal property, executing a stock power, handling a tax audit, or maintaining a safe-deposit box. A power of Attorney can either be Revocable or Irrevocable. A revocable Powers of attorney can be written to be either general (full) or limited to special circumstances. A revocable power of attorney generally can be terminated by the principal at any time.

 

CAUTION: this is an important document. it gives the person whom you designate (your “agent”) broad powers to handle your property during your lifetime, which may include powers to mortgage, sell, or otherwise dispose of any real or personal property without advance notice to you or approval by you. if there is anything about this write-up that you do not understand, you should ask a lawyer to explain it to you

READ ALSO:Procedure for Registering your companies, Clubs, NGOs by yourself

Stages of writing Special Power of Attorney

Step 1

Draft a list of each special power you want to assign. Since a special power is very precise, you must separately state the transactions, accounts and property over which your agent has authority. For example, a special power can allow your agent to handle the sale of a specific piece of real estate, whereas allowing an agent to handle all of your financial transactions is a general power.

Step 2

Make a notation next to each power you want to be “springing.” A springing power is contingent, meaning your agent cannot act on your behalf until an event or other condition you specify occurs. There is no requirement that your special power of attorney letter needs to include a springing clause, but if it doesn’t, your power of attorney is legally enforceable immediately after you sign it.

READ ALSO: What prospective buyers must Know before purchasing a landed property

Step 3

Note the power of attorney’s expiration date on your list. Unless you indicate a specific date on which the special power of attorney expires, your agent may continue acting on your behalf. However, regardless of whether you include an expiration date or not, you always retain the power to revoke or terminate the power of attorney at any time.

Step 4

Draft the final special power of attorney document using your list. Your list contains the essential components that your power of attorney document must include. Draft the document using clear and unambiguous language to outline the details of each special power; include your full name, the full names of your agents and the date you create the document.

Read also: How to make a living doing snail Farming

Step 6

For the special power of attorney to be legally enforceable it has to be signed by the principal. Once the document features the appropriate signatures, the power of attorney is complete.

 

           THIS POWER OF ATTORNEY

                                                     GIVEN BY

………………………………………………………………………………………………………………………………………

                                                    (DONOR)

To

              SAHEED AKINOLA ESQ

                                                       (DONEE)

                                                IN RESPECT OF:

  1. 100 (One Hundred) acres of land at Arege village Odeda Local Govt, Ogun State and;
  2. 1000(One thousand) acres of land at Alagbagba Town, Odeda Local Govt, Ogun State

______________________________________________

 

Dated this …………………… days of ………………………….20…………

 

Prepared by:

 

Saheed Akinola Esq,

Barrister & Solicitor,

19, Yaya Abatan Road,

Ogba, Ikeja

08032493960, 08050221164

 

 

 

THIS POWER Of ATTORNEY  made this ——- day of ————–20——

  1. PARTIES

 

  • THE DONOR

…………………………………………………………………………….. of …………………………………………………………….. (hereinafter referred to as the DONOR). DONOR’s expression shall, where the context so admits, includes its executors, administrators, assigns, legal and personal representative, beneficiaries and all those deriving title or authority through it.

 

  • THE DONEE

……………………………………………………….. of 19 ………………………………………………………….. (hereinafter referred to as the DONEE). DONEE’s expression shall, where the context so admits, includes its executors, administrators, assigns, legal and personal representative, beneficiaries and all those deriving title or authority through it.

 1.The DONOR , by VIRTUE OF PURCHASE from customary land owners, is the bonafide owner in possession of the parcel of land measuring 100 (One Hundred) acres  at Arege village Odeda Local Govt, Ogun State and About 1000(One thousand) acres of land at Alagbagba Town, Odeda Local Govt, Ogun State.

2.As effective occupier/owner, the DONORis hereby the person vested with the possessory and ownership rights thereof of the said piece or parcel of Land.

3.The DONORin exercise of its possessory/ownership rights had been in effective possession of the land above stated landed properties

4.The Donor  has agreed to appoint  Saheed Akinola esq, its Law Attorney over the Aforesaid parcel of landed properties and HEREBY  APPOINTS HIM AS HIS LAWFUL ATTORNEY.

 

NOW THERE KNOWN YOU ALL MEN that by this POWER OFATTORNEY ……………………………………. of …………………………………………………………………….(hereinafter referred to as “THE DONOR” ) DO HEREBY APPOINT ……………………………………….. of ……………………………………………………………(hereinafter  in  this Power of Attorney referred  to as (“THE DONEE”)  as the DONOR’s  TRUE AND LAWFUL ATTORNEY in the name of the Donor  (or in his name as he shall deem fit or the laws may permit) and on behalf of the Donor subject whenever necessary to the consent of the Governor of Ogun State to do all the acts and things hereunder mentioned in respect of the DONOR’s  afore-mentioned parcel of landed properties at both Arege town and Alagbagba both in Odeda Local Govt., Ogun State with all the appurtenances.

           

THAT IS TO SAY:

  1. To enter and take absolute possession of the said landed properties.
  2. To manage and superintend the management of the landed properties consisting of ALL THAT afore mentioned landed properties at Arege town and Alagbagba town both in Odeda Local Govt., Ogun State.
  3. To sign for the Donor or for himself any instrument, Deed or contract pertaining to, and affecting the said landed properties.
  4. To demise, let or hire out the whole or part of the sail property.
  5. To re-delegate the powers, which I have herein given to him so that the legal principle of “Delegatus non potest delegare” does not apply in this power of Attorney.

6        To act as DONOR’s Attorney or Agent in relation to the transfer of the said landed properties..

  1. I HEREBY DECLAREthat this power of Attorney nullifies all and any other power of Attorney which I may have given or which I may give to anybody else in respect of my said landed properties and that this power of Attorney is the only one at any time valid and subsisting.

 

IN WITNESS WHEREOF

The Donor hereunto attached its seal the day and year first above written.

THE SEAL OF THE DONOR IS Hereby attached in the presence of

 

 

________________________                              ________________________

 

Director                                                                                Secretary

 

 

Farmland for Sale: N200,000 per acre at Odeda, Ogun State

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