REVOCATION AND BINDING NATURE OF A POWER OF ATTORNEY IN KENYA
A power of attorney (POA) is a legal document that grants one person (the attorney) authority to act on behalf of another (the donor). While POAs provide convenience and flexibility, circumstances may arise where the donor wishes to revoke the granted authority or where questions about the binding nature of the POA arise. This article will delve into the revocation process and the binding nature of POAs in Kenya.
Revocation of a Power of Attorney in Kenya
A donor can revoke a POA at any time, as long as they have mental capacity. Revocation can be done in various ways:
- Express Revocation: This involves a clear and explicit statement of the donor’s intent to revoke the POA. It can be done in writing, verbally, or through a formal legal document.
- Implied Revocation: This occurs when the donor’s actions or circumstances imply an intent to revoke the POA. For example, appointing a new attorney or making statements that contradict the POA’s terms can imply revocation.
Notice of Revocation
Once the decision to revoke a POA is made, the donor must provide notice to the attorney and any relevant third parties. This notice should be in writing and should clearly state the intent to revoke the POA.
Registration of Revocation
If the POA was registered with the relevant authorities, the revocation should also be registered to provide public notice. The specific procedures for registering a revocation may vary depending on the type of POA and the jurisdiction.
Binding Nature of a Power of Attorney in Kenya
A POA is generally a legally binding document. Once executed, the attorney has the authority to act on behalf of the donor within the scope specified in the POA. Third parties dealing with the attorney in good faith can rely on the POA as evidence of the attorney’s authority.
However, there are certain circumstances where the binding nature of a POA may be challenged:
- Lack of Capacity: If the donor lacked mental capacity at the time the POA was executed, the POA may be invalid.
- Undue Influence: If the donor was coerced or manipulated into signing the POA, it may be invalid.
- Fraud: If the POA was obtained through fraudulent means, it may be invalid.
- Revocation: A revoked POA is no longer binding.
Third-Party Rights
If a third party has acted in good faith and relied on a valid POA, they may have certain rights even if the POA is subsequently revoked. For example, if a bank has honored a check signed by the attorney pursuant to the POA, the bank may be protected from liability.
Conclusion
The revocation of a power of attorney and the binding nature of POAs are important legal considerations. Understanding the procedures for revocation and the factors that can affect the binding nature of a POA can help individuals and businesses protect their interests and avoid legal disputes.
“The information provided in this article is intended for general legal advice and does not constitute legal advice for any specific transaction or case. Since each transaction presents a unique legal context, it is advisable to retain a civil litigation adviser for specific transactions.”
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