A power of Attorney should be attested by a judge, notary public or magistrate even though such attestation is not mandatory and will not render the instrument invalid. However, if the power of attorney is to be used outside Nigeria, it is advisable for the document/instrument to be attested to by the Notary Public.
Is a power of attorney valid if not notarized?
In many states, notarization is required by law to make the durable power of attorney valid. But even where law doesn’t require it, custom usually does. A durable power of attorney that isn’t notarized may not be accepted by people with whom your attorney-in-fact tries to deal.
Does a power of attorney need to be registered in Nigeria?
Power of Attorney is also a registrable instrument under the relevant Land Instruments Registration Laws. Non-registration renders it inadmissible in evidence in court like any other Deed. Stamping precedes registration and both are required when the Power of Attorney confers interest in land or landed property.
What makes a power of attorney valid in Nigeria?
A POA must be drafted to reflect the true intention of the Donor. A power of attorney can be made orally or expressly stated in writing by a letter of appointment. Usually, POA must have an expiry date contained in the agreement; the Donor can revoke it, expressly, impliedly or by the operation of the law.
How do you notarize a power of attorney?
How to Complete a Notarized Power of Attorney
- Fill out the acknowledgement form, which should be attached to the POA. …
- Affirm that the principal appeared before you voluntarily, that the terms of the POA are intended and that the signature on the document belongs to the principal. …
- Ask the principal to sign the POA.
Does a will need to be notarized?
A will doesn’t have to be notarized to be valid. But in most states, you’ll want to add a “self-proving affidavit” to your will, which must be signed by your witnesses and notarized. … If you sign your will in a lawyer’s office, the lawyer will provide a notary public.
Who keeps the original power of attorney document?
Unless the power of attorney is to be used immediately, the original should always be retained by the principal in a safe place. The agent should be advised that he or she has been named as agent and should also be advised as to the location of the original and the number of originals that have been signed.
Should a power of attorney be registered?
Registration: In many cases, a general or specific power of attorney need not be registered. The question of registration arises only if a power is given for the sale of immovable properties. … However, the Supreme court has recently ruled that a power of attorney given to sell immovable properties should be registered.
What is an irrevocable power of attorney in Nigeria?
When a Power of Attorney is irrevocable for a fixed period, it means that it can not be cancelled or withdrawn until the period stated in the document has elapsed and this period must not exceed 12 months.
Can a property be sold with power of attorney?
Is property sale through power of attorney legal? In 2011, the Supreme Court ruled that property sale through power of attorney (PoA) is illegal and only registered sale deeds provide any legal holding to property transactions.
What is irrevocable power of attorney?
A Irrevocable power of attorney is a legal instrument that is used to delegate legal authority to another. … The power of attorney gives legal authority to another person (called an agent or attorney-in-fact) to make property, financial and other legal decisions for the principal.
Who can attest power of attorney?
Signature – The drafted POA should be duly signed by the Grantor (person who gives the power). Two Witnesses should attest it by signing the deed. If being Registered the signatures are to be done in the presence of the Registrar.
When can a power of attorney be revoked?
In most cases, a person (the principal) who has appointed someone else to act as their attorney may revoke that power at any time if they wish, if they have legal capacity. However, an irrevocable power of attorney can only be revoked in very limited circumstances – for example if the attorney consents.
How much does it cost to get power of attorney notarized?
Fees range from $2 to $10 per signature and some notaries will come to clients who are hospitalized or otherwise unable to travel. There may be additional travel fees associated with notary visits.
Can attorneys notarize documents?
A lawyer may notarize a client’s signature as long as there is no chance that the lawyer will be a witness about the signature; the lawyer’s secretary may notarize the client’s signature and the lawyer may notarize a non-client’s signature.