A power of attorney, or a ‘proxy’, involves a mandator appointing a mandatary (an attorney) to act on the mandator’s behalf. A single mandator may appoint several mandataries, and several mandators may likewise appoint a single mandatary.
Onerous acts, such as transfers of immovable property and contracting of banking facilities, require powers of attorney to be in writing, with the identities of the parties attested, and their signatures witnessed. Powers of attorney that are properly formed may also be used abroad.
A power of attorney may be general or special. A general mandate grants the mandatary very wide powers to exercise almost all rights and undertake obligations on behalf of the mandator. A special power of attorney empowers the mandatary to carry out a specific action, or a set of actions, in the mandator’s name.
For the notary to prepare the right type of mandate, it is important that the mandator discuss with the notary the act to be performed and the manner in which the mandatary is to perform it.
Ethan Brincat 