Life is a journey filled with twists and turns, and at times, circumstances may arise that challenge
our ability to make decisions or make it inconvenient to make those decisions on our own,
relating to business affairs, health care, etc. Executing a Power of Attorney (“POA”) can be a
great tool in dealing with such situations. This article delves into what a Power of Attorney is, and
explores the role it plays in assisting with navigating these circumstances.

Understanding the Power of Attorney
A POA is a legal document that grants authority to an appointed individual, referred to as the
Attorney, to act on behalf of another person, known as the Grantor. This authority can cover a
broad spectrum, ranging from financial matters, and real estate, to healthcare decisions. A Power
of Attorney can be flexible, in that it can be tailored to meet individual needs and specify the
scope and limitations of the Grantor’s authority.

Types of Power of Attorneys

General Power of Attorney: A General POA grants broad authority to the appointed Attorney,
allowing them to handle a range of financial and legal matters on behalf of the Grantor. This
document is particularly useful for situations where continuous assistance is needed, such as
managing investments, real estate transactions, or conducting business affairs.

Specific Power of Attorney: A Specific POA is tailored to address matters for a defined purpose
and period. This provides flexibility for individuals who may need assistance with specific tasks,
but who wish to retain control over other aspects of their affairs.

Common Usage of Power of Attorneys

Financial Affairs
By designating an Attorney through a financial POA, individuals empower someone they trust to
manage their financial affairs. This can include tasks such as paying bills, accessing bank
accounts, and handling investments. Whether you are facing a prolonged absence, or dealing
with health challenges, a financial POA ensures that one’s financial interests are safeguarded.

Property Transactions
A Power of Attorney can be a valuable tool when individuals need assistance with property
transactions, especially if they are unable to be physically present. This legal document
streamlines the process, ensuring that deals proceed smoothly and efficiently while securing the
Grantor’s interests.

Executing the Power of Attorney
In Jamaica, in order for a POA to be valid, it must first be executed correctly. The POA should be
signed before a Justice of The Peace, or a Notary Public, if signing overseas. After signing, it will
need to be submitted to the Tax Administration Jamaica for stamp duty to be assessed, and once
the assessment amount is paid, the POA will be stamped, denoting that the applicable stamp
duty was duly paid. After stamping, the next step is to have the POA registered at the Island
Records Office (“IRO”). At the IRO, it receives a unique registration number, and this registration
number enables the appointed Attorney to act on the power granted by the POA, which he/she otherwise could not do. In other words, it is not enough to simply draft the POA, as it only comes
into effect upon registration.

Conclusion
A POA is a beacon of foresight, and a crucial tool to aid in executing your affairs, as it places an
Attorney in a legal position to carry out acts in your stead. With this, it is important that the
Grantor considers who they will appoint as his/her Attorney, and clearly communicates the
expectations and preferences of the actions to be carried out, and the powers that the POA will
give to the Attorney. It is recommended that an Attorney-at-Law be retained to assist with the
drafting of any POA, and overseeing its overall execution.