A Power of Attorney has been defined as a document which empowers or authorizes a person to act for another person as an agent. It was argued elsewhere that when a Power of Attorney is done, the lawyer can work and do those things which the document empowers him to do in the name of the donor who is the owner of the property.
These instruments which empower or authorize a lawyer to act as an agent of the owner of a property are of different types based on classifications. This part of the series will be looking at the different types of power of attorney which are:
- General Power of Attorney: A general power of attorney is an instrument which when made gives the donee a very broad power, or broad powers on certain items on the subject matter which the donee is authorized to do or handle (see Chime v. Chime  3 NWLR Pt 701, 527). A general power of attorney can be easily known with the draft of the instrument. Clause like: “to do anything he can lawfully” or “to do anything incidental to” creates that difference. This clause is omnibus in nature.
- Specific Power of Attorney: As the name implies, the specific Power of Attorney is one which is limited to a particular task on the subject matter of the instrument. It is not broad, but limited, in which case the agent will be liable for breach of terms if he acts outside the scope of the limited instruction given in the instrument.
Going further, Power of Attorney can be revocable or irrevocable. An irrevocable Power of Attorney is one which is done with interest, while a revocable Power of Attorney is one which can be revoked at anytime. Irrevocable Power of Attorney is for a fixed period of time, and mostly for consideration.
1. Why is a Power of Attorney described as inter partes?
Ans: Power of Attorney is described as inter partes because it is strictly speaking a one party deed; hence, it is called a DEED POLL.
2. Can irrevocable Power of Attorney last forever?
Ans: No. An irrevocable Power of Attorney is irrevocable in that it cannot be revoked within the period it has been fixed to operate. However, it can last more than twelve months.
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Read also: When a Power of Attorney Is Needed.