Chapter 005:08 - Powers of Attorney

Link to law: http://legalaffairs.gov.gy/information/laws-of-guyana/447-chapter-508-powers-of-attorney/file

L.R.O. 1/2012
LAWS OF GUYANA
POWERS OF ATTORNEY ACT
CHAPTER 5:08
Act
16 of 1932

Current Authorised Pages
Pages
(inclusive)
Authorised
by L.R.O.
1 – 8 ... 1/2012






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Note
on
Subsidiary Legislation
This Chapter contains no subsidiary legislation.






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CHAPTER 5:08
POWERS OF ATTORNEY ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Power of attorney to be recorded.
4. Execution under power of attorney.
5. Payment by attorney under power without notice of death,
etc.
6. Effect of irrevocable power of attorney for value.
7. Effect of power of attorney irrevocable for a fixed time.
8. Devolution of power of attorney given to a purchaser.
9. Power of attorney granted by married woman.
10. Duration of recorded power.
11. Revocation of power.

__________________________
c. 257
1953 Ed.
c. 33 _______________________________________________________
16 of 1932 An Act to make provision with respect to the recording of
Powers of Attorney, their effect and their revocation.
[14th MAY, 1932]
Short title.
Interpretation.
1. This Act may be cited as the Powers of Attorney
Act.
2. In this Act –
“property” includes immovable and movable
property, and any debt, and any thing in action, and any
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Power of
attorney to be
recorded.

Execution
under power of
attorney.
Payment by
attorney under
other right or interest in the nature of property, whether in
possession or not;
“purchaser” includes a lessee or mortgagee, or an
intending purchaser, lessee or mortgagee, or other
person, who, for valuable consideration, takes or deals for
property, and "purchase" has a meaning corresponding with
that of purchaser.
3. A power of attorney (other than a power ad lites or a
special power providing for the passing of a transport, or for
the execution or assignment of a particular mortgage or lease
or for the cancellation of a mortgage, or a power providing
for the obtaining or recording of probate or letters of
administration and for no other purpose) whether made
within or without the limits of Guyana, shall be proved and
filed as of record or proved and recorded in the Deeds
Registry, and an act done in pursuance of such a power shall
not be valid, and such a power shall not be admitted in
evidence in any suit, action or other proceeding unless the
same be proved and filed as of record, or proved and
recorded, in the Deeds Registry.
4. (1) The donee of a power of attorney may, if he
thinks fit, execute or do any assurance, instrument, or thing
in and with his own name and signature , and under his
own seal, where sealing is required, by the authority of
the donor of the power; and every assurance, instrument, and
thing so executed and done shall be as effectual in law, to all
intents, as if it had been executed or done by the donee of the
power in the name and with the signature and seal of the
donor thereof.
(2) This section applies to powers of attorney created
by instruments executed either before or after the com-
mencement of this Act.
5. (1) Any person making any payment or doing any
act, in good faith, in pursuance of a power of attorney, shall
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power without
notice of death,
etc.
Effect of
irrevocable
power of
attorney for
value.
not be liable in respect of the payment or act by reason that
before the payment or act the donor of the power had died
or become subject to disability or insolvent, or had
revoked the power, if the fact of death, disability, insolvency
or revocation was not at the time of the payment or act
known to the person making or doing the same.
(2) A statutory declaration by an attorney to the effect
that he has not received any notice or information of the
revocation of such power of attorney by death or otherwise
shall, if made immediately before or within three months
after any such payment or act as aforesaid, be taken to be
conclusive proof of such non-revocation at the time when
the power of attorney is a corporation aggregate, the officer
appointed to act for the corporation in the execution of the
power may make the statutory declaration in like manner
as if that officer had been the donee of the power. Where
probate or letters of administration have been granted to any
person, as attorney for some other person, this section applies
as if the payment made or acts done under the grant had been
made or done under a power of attorney.
(3) This section does not affect any right against the
payee of any person interested in any money so paid; and that
person shall have the like remedy against the payee as he
would have had against the payer if the payment had not
been made by him.
(4) This section applies to payments and acts made
and done before or after the commencement of this Act.
6. If a power of attorney given for valuable
consideration is in the instrument creating the power
expressed to be irrevocable, then in favour of a purchaser –
(a) the power shall not be revoked at any
time either by anything done by the
donor of the power without the
such payment or act was made or done. Where the donee of
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Effect of power
of attorney
irrevocable for
a fixed time.
concurrence of the donee of the
power, or by the death, disability or
insolvency of the donor of the power;
and
(b) any act done at any time by the
the power shall be as valid as if
anything done by the donor of the
power without the concurrence of
the donee of the power, or the
death, disability or insolvency of
the donor of the power, had not
been done or happened ; and
(c) neither the donee of the power nor the
purchaser shall at any time be
prejudicially affected by notice of
power without the concurrence of the
donee of the power, or of the death,
disability or insolvency of the donor
of the power.
7. If a power of attorney, whether given for valuable
consideration or not is in the instrument creating the power
expressed to be irrevocable for a fixed time therein specified,
not exceeding one year from the date of the instrument, then
in favour of a purchaser –
(a) the power shall not be revoked for
and during that fixed time either by
anything done by the donor of the
power without the concurrence of
the donee of the power, or by the
death, disability or insolvency of the
donor of the power; and
(b) any act done within that fixed time by
donee of the power in pursuance of
anything done by the donor of the
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Devolution of
power of
attorney given
to a purchaser.

Power of
attorney
granted by
married woman.

Duration of
recorded
power.

the donee of the power in pursuance
of the power shall be as valid as if
anything done by the donor of the
power without the concurrence of
the donee of the power, or the
death, disability or insolvency of
the donor of the power, had not
been done or happened ; and
(c) neither the donee of the power, nor
the purchaser, shall at any time be
prejudicially affected by notice either
during or after that fixed time of
anything done by the donor of the
power during the fixed time without
the concurrence of the donee of the
power, or of the death, disability, or
insolvency of the donor of the power,
within that fixed time.
8. A power of attorney given for valuable
consideration may be given to a purchaser of property or any
interest therein, and to the persons deriving title under him
thereto, and those persons shall be the duly constituted
attorneys for all the purposes of the power, but without
prejudice to any right to appoint substitutes given by the
power.
9. A married woman has power, as if she were
unmarried and of full age, by deed to appoint an attorney
on her behalf for the purpose of executing any deed or
doing any other act which she might herself execute or do,
and the provisions of this Act relating to instruments
creating powers of attorney apply thereto.
10. A power of attorney, not falling within the
provisions of sections 5 and 6 hereof, heretofore or hereafter
recorded in the Deeds Registry, shall, unless a contrary
intention appears therein, continue in force until the
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Revocation of
power.
revocation thereof by the principal shall be recorded or an
entry is made thereon as hereinafter provided; and every act,
deed or instrument of the attorney after revocation and before
the revocation is recorded or an entry is made shall be valid
in favour of any person bona fide and without notice of
revocation dealing with the attorney in the name of the
principal.
11. A power of attorney may be revoked by the filing
as of record or the recording in the Deeds Registry of a deed
or other instrument revoking the same, or by an entry in
writing under the hand of the Registrar or the Deputy
Registrar on a power recorded in the Registry of the death,
upon evidence by statutory declaration sufficient to satisfy
the Registrar or Deputy Registrar of such death or disability.
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lunacy, unsoundness of mind or insolvency of the principal,
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