We help people draft the best power of attorney that suits their particular needs, be it a general power of attorney, a special one or an enduring power of attorney. We further explain the legal repercussions and what form best suits one’s needs.
A power of attorney (mandate) (in Maltese ‘prokura’) is a legal instrument by virtue of which a person authorises another person to carry out certain acts on his behalf.
A power of attorney may either be general which means that the mandatory is authorised to carry out any act in the name and on behalf of the mandator, or special which means that the mandatory will only be able to carry out any one or more acts on behalf of the mandator as expressly stipulated in the power of attorney.
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Assuming that you will not be present when a buyer is found and that you want to sell your share in the property, then a power of attorney is the best instrument for you. However, be aware of the difference between a general power of attorney and a special power of attorney. A general power of attorney will enable the attorney to do all sorts of acts on your behalf, whereas a special power of attorney will only be applicable for the specific acts mentioned therein. In this case, your needs can be adequately taken care of if you authorize the attorney to sign any promise of sale and final deed of sale on your behalf, to give any guarantee on your behalf in relation to the sale of the property, to collect your share of the price and to pay any taxes on your behalf. Therefore, a special power of attorney limited to these actions only would suffice.