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In order to make a power of attorney, you must be capable of making decisions for yourself. This is called having mental capacity see under heading, When does someone lack mental capacity? You can only make a power of attorney which allows someone else to do things that you have a right to do yourself.
A POA must be drafted to reflect the true intention of the Donor. A power of attorney can be made orally or expressly stated in writing by a letter of appointment. Usually, POA must have an expiry date contained in the agreement; the Donor can revoke it, expressly, impliedly or by the operation of the law.
The Power of Attorney, if executed outside Nigeria, must be witnessed by either a Notary Public or a Judge or Magistrate. Note: A Notary Public is a legal practitioner who attests or certifies Deeds and other documents. A Notary Public by the Law of Nations has credit everywhere.
Usually, the document giving power of attorney must clearly indicate the person granting the power, clearly name the person who will have the specified powers, and specify exactly what legal acts the decision maker is entitled to perform.
The POA must have the name, age, address, and signature of the principal. There must be an unbiased witness while drafting of the POA. The date and place of preparing the POA must be mentioned. In case the principal is assigning the agent the POA for a specified period, then it must be mentioned in detail in the POA.