Powers of Attorney Act


Published: 1996-04-02

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Powers of Attorney Act
POWERS OF ATTORNEY [CH.81 – 1


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

POWERS OF ATTORNEY
CHAPTER 81

POWERS OF ATTORNEY

ARRANGEMENT OF SECTIONS


SECTION

1. Short title.
2. Interpretation.
3. Execution of power of attorney.
4. Enduring power of attorney.
5. Execution under power of attorney.
6. Deposit of instrument in the Registry.
7. Revocation of an instrument deposited under section 6.
8. Effect of power of attorney, for value made absolutely irrevocable.
9. Effect of power of attorney for value or not, made irrevocable for fixed time.
10. Payment by donee under power without notice of death.
11. Rules.


POWERS OF ATTORNEY [CH.81 – 3


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

CHAPTER 81

POWERS OF ATTORNEY
An Act to make provision with respect to powers of

attorney and to enable powers of attorney to be created
which will survive any subsequent mental incapacity of the
donor.

[Assent 19th May, 1992]
[Commencement 2nd April, 1996]

1. This Act may be cited as the Powers of Attorney
Act, 1992.

2. In this Act —
“enduring power” means a power of attorney created

under section 4;
“Minister” means the Minister responsible for Legal

Affairs;
“mental disorder” has the meaning assigned to that

expression by section 2 of the Mental Health
Act;

“mental incapacity”, or “mentally incapable” means
in relation to any person, that the person is
incapable by reason of mental disorder of
managing and administering his property and
affairs;

“purchaser” has the meaning assigned to that
expression by section 2 of the Conveyancing
and Law of Property Act;

“Registrar” means the Registrar or Deputy Registrar
of the Supreme Court;

“Registry” means the Supreme Court Registry.
3. (1) An instrument creating a power of attorney

shall be signed and sealed by, or by direction and in the
presence of, the donor of the power.

12 of 1992

Short title.

Interpretation.

Ch. 230.

Ch. 138.

Execution of
power of
attorney.

CH.81 – 4] POWERS OF ATTORNEY




STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) Where an instrument creating a power of attorney
is signed and sealed by a person by direction and in the
presence of the donor of the power, two other persons shall
be present as witnesses and shall attest the instrument.

(3) This section applies without prejudice to any
requirement in, or have effect under, any other Act as to
the witnessing of instruments creating powers of attorney
and does not affect any written law relating to the
execution of instruments by bodies corporate.

4. (1) The authority of a donee given by an instrument
creating a power of attorney that —

(a) provides that the authority is to continue
notwithstanding any mental incapacity of the
donor; and

(b) is signed by the donor and a witness to the
signature of the donor, other than the donee or
the spouse of the donee,

is not terminated by reason only of the subsequent mental
incapacity of the donor that would but for this Act
terminate the authority.

(2) A power of attorney described in subsection (1)
may stipulate that it takes effect on the occurrence of a
specified event or contingency including, but not limited
to, the subsequent mental incapacity of the donor.

5. The donee of a power of attorney may, if he thinks
fit —

(a) execute any instrument with his own signature
and, where sealing is required, with his own seal;
and

(b) do any other thing in his own name,
by the authority of the donor of the power; and any
instrument executed or thing done by a donee under such
power of attorney in that manner shall be as effective as if
executed or done by the donor of the power.

6. (1) Subject to subsection (2) an instrument
creating a power of attorney the execution of which is
verified by an affidavit or a declaration may with the
affidavit or declaration be deposited in the registry.

Enduring power
of attorney.

Execution under
power of
attorney.

Deposit of
instrument in the
Registry.

POWERS OF ATTORNEY [CH.81 – 5


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(2) An instrument creating an enduring power shall
be deposited in the registry and no enduring power shall be
valid unless it has been deposited in the Registry under this
section.

(3) A file of the instruments deposited under this
section shall be kept in the Registry and any person may
search that file and inspect any instrument deposited.

(4) A person may obtain a copy of any instrument
deposited in the Registry upon payment of the prescribed
fee and that copy may be stamped or marked as an office
copy by the Registrar.

(5) A copy of any instrument stamped by the
Registrar under subsection (4) shall without further proof
be sufficient evidence of the contents of that instrument
and of the deposit thereof.

7. Where an instrument deposited in the registry is
revoked the Registrar of the court, on being satisfied by
affidavit or declaration that the instrument has been
revoked, shall endorse on the instrument, a certificate
stating that it has been revoked and the date thereof and the
instrument shall be deemed to have been duly revoked as
from the date of the certificate.

8. (1) If a power of attorney, given for valuable
consideration is in the instrument creating the power
expressed to be irrevocable, 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 concurrence of the donee of
the power, or by the death, marriage, mental
incapacity or bankruptcy of the donor of the
power;

(b) any act done at any time by 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, marriage, mental
incapacity or bankruptcy of the donor of the
power, had not been done or happened; and

Revocation of an
instrument
deposited under
section 6.

Effect of power
of attorney, for
value made
absolutely
irrevocable.

CH.81 – 6] POWERS OF ATTORNEY




STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(c) neither the donee of the power nor the purchaser
shall at any time be prejudicially affected by
notice of any thing done by the donor of the
power, without the concurrence of the donee of
the power, or of the death, marriage, mental
incapacity or bankruptcy of the donor of the
power.

(2) This section applies only to powers of attorney
created by instruments executed after the commencement
of this Act.

9. (1) 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,
marriage, mental incapacity or bankruptcy of
the donor of the power;

(b) any act done within that fixed time, by the donee
of the power, in pursuance of the power, shall be
valid as if anything done by the donor or the
power with the concurrence of the donee of the
power, or the death, marriage, mental incapacity
or bankruptcy 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 that fixed time, without the
concurrence of the donee of the power, or of the death,
marriage, mental incapacity or bankruptcy of the donor
of the power within that fixed time.

(2) This section applies only to powers of attorney
created by instruments executed after the commencement
of this Act.

Effect of power
of attorney for
value or not,
made irrevocable
for fixed time.

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

10. (1) Any person making any payment or doing
any act, in good faith, in pursuance of a power of attorney,
shall 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 mentally incapable, or bank-
rupt, or had revoked the power, if the fact of death, mental
incapacity, bankruptcy or revocation was not at the time of
the payment or act known to the person making or doing
the same.

(2) This section shall 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.

(3) This section applies only to payments and acts
made and done after the commencement of this Act.

11. The Rules Committee constituted under section
75 of the Supreme Court Act may make rules for any of
the following purposes —

(a) for fixing the fees to be taken in the registry in
respect of the powers of attorney deposited in
the registry and other matters provided for by
section 6 of this Act;

(b) for prescribing the form and execution of an
instrument creating an enduring power;

(c) for securing that no document is used to create
an enduring power which does not incorporate
such information explaining the general effect of
creating or accepting the power;

(d) for securing that a document used to create an
enduring power include statements to the follow-
ing effect —
(i) by the donor, that he intends the power to

continue in spite of any supervening mental
incapacity of his;

(ii) by the donor, that he read or had read to
him the information explaining the effect of
creating the power.

(e) generally for carrying out the objects of this Act.

Payment by
donee under
power without
notice of death.

Rules.

Ch. 53.

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