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South African common law determines that a power of attorney terminates once the principal becomes mentally incapacitated. In other words, when a principal is no longer able to perform the act in question himself, the agent can no longer do it for him.
Sign your power of attorney document Unlike many states, Oregon does not require you to use witnesses or use a notary public. However, you should sign and date your power of attorney and ask a notary public to notarize it.
Its main feature is that it remains in effect indefinitely. According to Chapter 127 of the Oregon Revised Statutes, which governs power of attorney requirements in the state, the law considers all POAs to be durable unless the document explicitly states otherwise.
It is valid for the lifetime of the principal or the one who is awarding the GPA. It can also be revoked within the lifetime of the owner.
What is a power of attorney? In Oregon, power of attorney usually means a durable financial power of attorney. When you sign a durable financial power of attorney, you authorize someone else (called the agent or the attorney-in-fact) to manage your finances and to conduct business for you.
The key distinction between the two is that: your general Power of Attorney becomes invalid upon your death or when you lose the mental capacity to make your own decisions; whereas,2022 an Enduring Power of Attorney will continue to have effect during your lifetime even if you lose capacity to self-manage.
To summarise, the law holds that a power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property but any genuine transaction carried out through General Power of Attorney is considered valid under the law.
A general power of attorney allows the agent to act on behalf of the principal in any matters, as allowed by state laws. The agent under such an agreement may be authorized to handle bank accounts, sign checks, sell property, manage assets, and file taxes for the principal.
If a person wants to authorise someone to act as a power of attorney on his behalf, it must be signed and notarised by a certified notary advocate, who is able to declare that you are competent at the time of signing the document to issue the said power of attorney.
If your agent will engage in real estate transactions, the Power of Attorney must be signed before a notary public and recorded or filed with the county.