A Guide to Power of Attorney in Zimbabwe
What is a Power of Attorney?
A Power of Attorney (PoA) is a legal document that allows you (the "Principal") to give another trusted person (the "Agent" or "Attorney") the authority to make decisions and act on your behalf. It's a powerful tool for managing your affairs if you are unable to do so yourself, whether due to distance, illness, or other circumstances.
This is especially crucial for Zimbabweans in the diaspora who need someone trustworthy to handle property, banking, or business matters back home.
Legal Disclaimer
This guide provides general information only and is not a substitute for professional legal advice. A Power of Attorney grants significant authority, and it is essential to consult with a registered lawyer to draft the document to ensure it is legally sound and precisely reflects your wishes.
The Two Main Types of Power of Attorney
In Zimbabwe, there are two common types of PoA, and choosing the right one depends entirely on your needs.
1. General Power of Attorney
This type grants your Agent broad powers to manage your affairs. They can essentially do anything you could legally do yourself, such as operate your bank accounts, sell your property, and manage your business. Because it is so powerful, it should only be given to someone you trust implicitly.
- Best for: Long-term situations where you need someone to manage all your affairs, for example, if you are relocating abroad for an extended period.
- Key Feature: It remains valid until it is formally revoked by you, or upon your death.
2. Special Power of Attorney
This is much more common and is used to grant authority for a specific, defined task or a set period. Once the task is complete, the PoA automatically expires.
- Best for: One-off tasks. For example, you could grant a Special Power of Attorney to a relative to sell a specific car on your behalf while you are out of the country.
- Key Feature: It is limited in scope. The document will clearly state the exact powers you are giving to your Agent (e.g., "to sign all documents necessary to complete the sale of my Toyota Hilux, registration number...").
How to Create a Legally Valid Power of Attorney
The process must be followed carefully to ensure the document is legally recognized.
- Draft the Document: The PoA must be in writing. It is highly recommended to have this done by a lawyer to ensure the language is precise and legally correct. It must clearly state your full name, your Agent's full name, and the exact powers you are granting.
- Sign Before a Notary Public: You (the Principal) must sign the Power of Attorney in the presence of a Notary Public. A Notary Public is a senior lawyer who is authorized to witness and certify documents.
- Registration (for Immovable Property): If the Power of Attorney gives your Agent the power to deal with immovable property (like selling a house or a stand), it **must** be registered at the Deeds Registry Office to be valid for that purpose.
Important Considerations & Risks
- Choose Your Agent Wisely: You are giving someone the power to act as you. This requires an immense level of trust. Choose a reliable and responsible person.
- Be Specific: For a Special Power of Attorney, be as specific as possible about the tasks your Agent is authorized to perform to avoid any ambiguity.
- Revoking a PoA: You have the right to cancel (revoke) a Power of Attorney at any time, as long as you are of sound mind. This must be done in writing, and you should notify your Agent and any relevant third parties (like your bank) of the revocation.