A power of attorney is a legal document that grants another person the authority to act on your behalf in legal and financial matters. Understanding the types and requirements is crucial for effective use.
Types of Power of Attorney in Kenya
1. General Power of Attorney
Grants broad authority to handle various matters on your behalf, including financial transactions, property dealings, and legal proceedings.
2. Specific Power of Attorney
Limited to specific transactions or purposes, such as selling a particular property or handling a specific legal matter.
3. Enduring Power of Attorney
Remains valid even if you become mentally incapacitated, providing continued protection for your affairs.
Legal Requirements
For a power of attorney to be valid in Kenya, it must:
- Be in writing and properly signed
- Be witnessed by at least two witnesses
- Be stamped with the appropriate stamp duty
- Be registered where required by law
- Clearly define the scope of authority granted
When You Might Need a Power of Attorney
- Extended travel or absence from Kenya
- Illness or incapacity
- Complex business transactions requiring representation
- Property transactions where you cannot be present
- Legal proceedings requiring representation