Power of Attorney

Responsibility: Ministry of Justice

A power of attorney is a contract, written or verbal, by which one person (principal) appoints another (agent) to represent him or her, to act on his or her behalf, in the performance of a legal act with a third person.

The power of attorney can be general or special:

• General: it allows the agent to represent the principal in all his affairs.
• Special: it allows the agent to represent the principal for a particular matter.
• Note: It is important not to confuse the power of attorney, also called "mandate", with the mandate in case of incapacity.

A power of attorney, or mandate, is a contract by which one person appoints another to represent him or her and act on his or her behalf in the performance of a legal act with a third person.

In this contract, the person who gives the power of attorney is called the principal, while the person who accepts it is called the mandatary.

This contract authorizes the agent to perform routine administrative acts for the principal, such as bill payments and banking transactions. It can also authorize more important acts, such as signing a lease or selling a building. It can be verbal or written. It is granted by a person capable of managing his or her own property and person.

The power of attorney can be given to a relative or a professional. It can be special or general.

A special power of attorney allows the agent to represent the principal in a specific matter, such as the sale of a residence or a vehicle.

The General Power of Attorney allows the agent to represent the principal in all matters, for which he or she has the power of simple administration. However, the agent who holds this power of attorney must obtain special authorization to perform a task that is not a routine administrative act, such as the sale of the principal's residence or vehicle.

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