Power of Attorney in Jamaica: Give the Power You Actually Intend

Identify what the agent must do: sign one Transfer of Land, manage several properties, operate a specified account, collect documents or complete a company transaction. The power should then name the parties, describe the permitted acts, state any limits and address its duration.

The NLA distinguishes a general power from a specific power. A specific land power identifies the land, lease, mortgage or charge concerned. For Office of Titles purposes, the authority is construed strictly. A general phrase should not be treated as permission to sell, mortgage or gift land unless that authority is actually present.

Websites often divide powers into durable and non-durable forms. That terminology should not be copied into a Jamaican document without analysing Jamaican law. The Conveyancing Act and NLA guidance deal with matters such as powers granted for value, instruments expressed to be irrevocable and protection for acts done in good faith without notice of death, incapacity, bankruptcy or revocation.

If the purpose is future-incapacity planning, obtain advice on the exact authority and legal effect required. A broad ordinary Power of Attorney should not be marketed as a guaranteed substitute for capacity planning.

Section 149 of the Registration of Titles Act permits a registered proprietor of land, a lease, mortgage or charge to appoint another person to deal with that interest. The NLA states that a power intended for registered land must be stamped and deposited at the Office of Titles before it is relied on for documents presented for registration.

1. 1

   Describe the donor, agent and land-dealing authority accurately.

2. 2

   Execute the instrument using the applicable attestation rules.

3. 3

   Complete the stamp-duty process.

4. 4

   Deposit the original or acceptable attested copy and supporting copy at the Office of Titles.

5. 5

   Quote the deposited power's registration number on the land dealing.

6. 6

   Search the power before use to confirm that it has not been revoked.

Recording at another office and deposit at the Office of Titles are not interchangeable ideas. The correct sequence depends on the instrument and intended use.

An overseas donor can execute a power for use in Jamaica, but the witness, notarisation and authentication requirements depend on the instrument and place of signing. Ask for written signing instructions before signing. A defective attestation can prevent deposit or use when a transaction is already due to complete.

• Use a specific power when only one transaction is intended.
• Set an expiry date or completion trigger where appropriate.
• Require statements, receipts or periodic reporting.
• State whether the agent may receive money, make gifts, delegate or act despite a conflict.
• Give banks, companies and public bodies an opportunity to confirm their operational requirements.
• Keep the original secure and tell the relevant people if authority is revoked.

The donor may be able to revoke an ordinary power, but the document and any consideration or stated irrevocability must be reviewed first. For a power deposited at the Office of Titles, the NLA guidance calls for a formal revocation instrument, stamp duty and a note against the deposited power. Third parties who may rely on the authority should receive provable notice.

• NLA: What is a Power of Attorney?
• NLA Powers of Attorney guide
• NLA Power of Attorney form
• Registration of Titles Act