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POWERS OF ATTORNEY ACT, 1998 (ACT
549)
ARRANGEMENT OF SECTIONS
Section
1. Execution of Powers of
Attorney.
2. Powers of Attorney given as
Security.
3. Protection of donee and Third
Persons where Power is Revoked.
4. Execution of Instrument by
donee of Power of Attorney.
5. Power to Delegate Trusts by
Power of Attorney.
6. Effect of General Power of
Attorney.
7. Repeal.
SCHEDULE
Schedule
THE FIVE HUNDRED AND FORTY-NINTH
ACT OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA
ENTITLED
THE POWERS OF ATTORNEY ACT, 1998
AN ACT relating to the grant of
powers of Attorney.
DATE OF ASSENT: 27th April, 1998.
BE IT ENACTED by Parliament as
follows—
Section 1—Execution of Powers of
Attorney.
(1) An instrument creating a
power of attorney shall be signed
by the donor of the power, or a
person authorised by him in the
presence of the donor.
(2) Where the instrument is signed
by the donor of the power one
witness shall be present and shall
attest the instrument.
(3) Where the instrument is signed
by a person authorised by the
donor, two witnesses shall be
present and shall attest the
instrument.
(4) The section shall apply in
addition to any requirement under
any enactment in respect of
witnessing of an instrument
creating power of attorney
including any rules relating to
the execution of instruments by
bodies corporate.
Section 2—Powers of Attorney given
as Security.
(1) A power of attorney given as
security for a proprietary
interest of the donee or as
security for an obligation owed to
the donee may be expressed as
irrevocable.
(2) A power of attorney given to
secure a proprietary interest may
be given to a person entitled to
the interest and persons deriving
title under him in respect of that
interest and those persons shall
constitute donees of the power
subject to the authorisation to
appoint substitutes given by the
power.
(3) Where a power of attorney is
expressed to be irrevocable and is
given to secure—
(a) a proprietary interest of the
donee of the power; or
(b) the performance of an
obligation owed to the donee,
then, whilst that interest or the
obligation remains undischarged,
the power shall not be revoked—
(aa)
by the donor without the consent
of the donee; or
(bb) by the death, incapacity or
bankruptcy of the donor or, if the
donor is a body corporate by its
winding up or dissolution.
Section 3—Protection of Donee and
Third Persons Where Power is
Revoked.
(1) A donee of a power of attorney
who acts under the power at a time
when it has been revoked shall not
incur any liability to any person
if at that time he did not know
that the power had been revoked.
(2) Where a power of attorney has
been revoked and a person, without
knowledge of the revocation, deals
with the donee of the power,
unless the donor has reasonable
grounds to believe that the person
was aware of the revocation, the
transaction shall be as valid as
if the power had been in existence
at the time of the transaction.
(3) Where a donee who knows that
his power has been revoked acts
under the power as if it exists
and transacts business with a
person to the detriment of the
donor, the donee commits an
offence and is liable on summary
conviction to a fine of not less
than ¢100,000.00 and not more than
¢1 million, or imprisonment for a
term not exceeding 6 months.
(4) Where the power is irrevocable
and is given as security, the
person dealing with the donee may
assume that the power cannot be
revoked except by the donor with
the consent of the donee unless
that person is aware that the
power was not given as security or
that it has been revoked.
Section 4—Execution of Instrument
by Donee of Power of Attorney.
The donee of a power of attorney
may—
(a) execute an instrument with his
own signature; and
(b) do any other thing in his own
name if authorised by the donor
and the document executed and
thing done shall be as effective
as if done by the donor of the
power.
Section 5—Power to Delegate Trusts
by Power of Attorney.
(1) A trustee may delegate by
power of attorney for a period of
not more than twelve months, the
execution or exercise of any of
the trusts, powers and discretions
vested in him as trustee alone or
jointly notwithstanding any rule
of law or equity.
(2) A donee of a power of attorney
under this section may include a
trust corporation but shall not
include the other co-trustee, if
any, of the donor of the power
unless that co-trustee is a trust
corporation.
(3) Within seven days after
executing a power of attorney
under this section, the donor
shall give written notice to the
donee specifying—
(a) the date on which the power
comes into operation;
(b) its duration;
(c) the donee of the power;
(d) the reason why the power is
given; and
(e) the trusts, powers and
discretion’s delegated to each
person who has power to appoint a
new trustee and to each of the
other trustees but failure to
comply with these provisions shall
not invalidate any act done or
instrument executed by the donee.
(4) The donor of a power of
attorney given under this section
is liable for the acts or defaults
of the donee as if they were the
acts or defaults of the donor.
(5) The donee may exercise any of
the powers conferred on the donor
as trustee by statute or by the
instrument creating the trust but
not including the power of
delegation conferred by this
section.
(6) The fact that it appears that
in dealing with stock the donee is
acting on the execution of a trust
shall not be considered as
affecting any person in whose
books the stock is registered with
notice of the trust.
(7) This section shall apply to a
personal representative and any
person with a life interest in the
property except that subsection
(3) of this section shall apply
with the following modification—
(a) notice shall be given to the
other representatives but not an
executor who has renounced
probate; and
(b) notice shall be given to each
person who jointly enjoys the life
interest in the property.
Section 6—Effect of General Power
of Attorney.
Subject to the other provisions of
this Act, a general power of
attorney in the form set out in
the Schedule to this Act shall
operate to confer—
(a) on the donee of the power; or
(b) if there is more than one
donee, on the donees acting
jointly or acting jointly and
severally authority to do on
behalf of the donor anything which
can be lawfully done by an
attorney.
Section 7—Repeal.
The Powers of Attorney Ordinance,
1933 (Cap. 263) is hereby
repealed.
SCHEDULE
(Section 6)
FORM OF GENERAL POWER OF ATTORNEY
THIS GENERAL POWER OF ATTORNEY is
made this day of
by
AB
I
appoint CD
of
/(or CD of and
EF of jointly or jointly and
severally) to be my attorney(s) in
accordance with section 6 of the
Powers of Attorney Act, 1998 (Act
549).
Date of Gazette Notification: 4th
May, 1998.
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