Build a power of attorney, free
You are overseas, in hospital, or simply cannot get to the office that needs your signature. A power of attorney lets someone you trust act for you: for one task, or for everything. Choose which, say who, and the document builds itself here in your browser. Nothing you type leaves this page. One thing first, because it surprises people: a South African power of attorney stops working the moment you lose the ability to act for yourself. It is not a plan for dementia.
Signing it properly
- Sign in front of two adult witnesseswho are not the agent, and have them sign too with their names printed. Initial every page.
- Ask the institution firstBanks, SARS, the Deeds Office and vehicle licensing offices often insist on their own form, or on signature in front of a commissioner of oaths or a notary. This document gives you the wording either way.
- Give the agent a certified copy of your IDtogether with the signed original; that is what the counter will ask for.
- For use outside South Africathe document must be signed before a notary public and apostilled, or the foreign country will not accept it.
- Keep it narrow and datedA general power with no end date is an open cheque. Write down when it ends and revoke it in writing when the job is done.
Frequently asked questions
What is the difference between a general and a special power of attorney?
A general power of attorney lets your agent do almost anything you could do yourself: bank, sign contracts, deal with SARS, buy and sell. A special power of attorney is limited to one task, such as collecting your ID at Home Affairs or signing the papers to sell your car. Give the narrowest power that does the job.
Does a power of attorney survive if I lose mental capacity?
No. In South African law a power of attorney lapses the moment you are no longer able to act for yourself, for example through dementia or a coma. There is no enduring or lasting power of attorney here yet, although the Law Reform Commission has recommended one. If capacity is the worry, the family applies to the Master of the High Court for an administrator under the Mental Health Care Act, or to the High Court for a curator.
Does it need witnesses or a commissioner of oaths?
The law does not prescribe a form for most powers of attorney, but two adult witnesses are standard and most institutions insist on them. Banks, SARS, the Deeds Office and the vehicle licensing office often require their own form or a power signed in front of specific people, so check with the institution before you sign. For use outside South Africa it must be notarised and apostilled.
Can I cancel it?
Yes, at any time, by telling the agent in writing and telling anyone who has been dealing with the agent. It also ends on the end date you set, when the task is done, on your death, or if you lose capacity.
Can my agent do anything they like?
Only what the document says, and always in your interest. An agent who uses the power for their own benefit is liable to you and may be committing fraud. That is why the generator asks you to limit the power to what is actually needed and to name an end date.
Need a sworn statement to go with it?
Home Affairs, banks and insurers often want an affidavit alongside a power of attorney. Build one free, in the correct form, with the commissioner’s certificate.
Affidavit builderDeadlines and rule changes, by email
Filing dates, fee increases and rule changes that affect small South African businesses. One email when something matters, never more than monthly.
This generator produces a template power of attorney from your inputs, entirely in your browser; nothing is stored or sent to us. It is a starting point, not legal advice. Powers over immovable property, and any power for use outside South Africa, should be prepared or checked by an attorney or notary.