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Get Your Power of Attorney Notarised

Select your suburb using the dropdown menu above and our customised tool will show you a top rated notary public near you in Cape Town. Any licensed Notary Publics in South Africa may authenticate your Power of Attorney (POA).

Why You Need a Notary Public for Your POA

A general Powers of Attorney grants another person the authority to act on your behalf in legal or financial matters;

A Power of Attorney may also be restricted to being used for specific purposes, such as for overseas property purchases. Property is a highly regulated industry, and usually a Power of Attorney  for a property purchase needs to be signed in the witness of a Notary Public; thus providing a degree of assurance that the person signing is indeed who they claim to be (the notary is an independent witness to the signing of the POA, this helps prevent later claims that the signature was forged or that the grantor didn't actually sign the POA). 

 When signing the POA, it's vital that the grantor (principle) has the complete contractual power to grant the attorney/agent the authority to act on their behalf.

Types of POA

• Broad Authority:
  • Granting General power of attorney
• Business & Financial Matters:
  • POA from a company to act on its behalf
  • Managing Bank Accounts: POA to manage the principal's bank account and conduct transactions.
  • Collecting Outstanding Payments: POA for debt collection
  • Managing Share portfolio : POA to buy and sell shares; and otherwise manage the principal's share portfolio.
  • Dissolving a Business Partnership : POA to dissolve a partnership
  • Implementing Trust Deeds : POA to execute a notarial deed of trust
• Tax
  • Click here to see an example of a POA to enable the agent to lodge and pursue an objection against a SARS tax assessment.
• Estate & Inheritance:
  • Handling Inheritance Matters : POA to take possession of an inheritance and manage the assets.
  • Applying to Administer an Estate : POA to apply for letters of executorship
• Healthcare
  • Medical POA allows an agent the authority to make medical decisions on the principal's behalf if they become incapacitated.
  • Mental Health POA specifically focuses on decisions related to mental health treatmentt.
• Litigation
  • POA to allow the agent to represent the principle in court and other legal proceedings, and to respond on behalf of the principal to legal actions..
• Property Management & Transactions
  • Manging rental properties : POA to find tenants, let a property and collect rentals
  • Selling property : POA to sell property
  • Transferring ownership of assets
    • POA to transfer property (including land, cars, etc...)
    • POA to transfer land specifically
  • Click here to see the City of Cape Town's template of the POA to grant authority to submit the following applications:
    • Rezoning of land, including rezoning to subdivisional area overlay zoning
    • Permanent departure
    • Temporary departure
    • Subdivision of land
    • Implementation of a subdivision approval in phases
    • Consolidation of land
    • Consent or approval in terms of, or the relaxation of, a restrictive condition in a title deed where the restriction relates to use, subdivision, development rules or design criteria
    • Consent, approval or any other permission or requirement in terms of the development management scheme
    • Amendment, deletion or addition of conditions in respect of an existing approval granted or deemed to be granted in terms of this By-Law
    • Extension of the period of validity of an approval
    • Amendment or cancellation of an approved plan of subdivision or general plan
    • Permission required in terms of the conditions of approval of an application
    • Determination of a zoning, a non-conforming use right or any other matter which the City may determine in terms of this By-Law
    • Correction of a zoning map
    • Alteration or amendment of a street name or number
    • Determination of an administrative penalty as contemplated in section 129(1) (LUM016 form)
    • To exempt a subdivision from the need for approval in terms of this By-Law as contemplated in section 67(3)
    • Permission for the reconstitution of a building or a substantial part of it within the envelope of a non-conforming use as contemplated in section 37(6)
    • Any other application by the City Manager
  • Click here to see the City of Cape Town's template of the POA to grant authority to an agent to apply for (and enable development or use of):
    • Purchasing of non-viable property
    • Purchasing of viable property
    • Leasing of non-viable property
    • Leasing of viable property

Because the POA can be set up for so many unique things; both broad and specific, by it's nature; this is not a complete list, but hopefully gives a falvour of what is possible.

The Process of Authenticating a POA

1. Drafting the Power of Attorney Document; defining the grantor (Principle) and Attorney (Agent).
   • Date when POA comes into effect and date when it expires.
   • How the POA may be revoked by the grantor.
2. Grantor reads and if understood signs. Grantor must be willing to sign and not under any undue influence.
   • Signature must be done in the presence of two competent witnesses, who must also sign.
   • The signing should be done in the presence of a Notary Public.
3. Notarisation
   • The Notary Public will identify the grantor using their ID book or passport.
   • The Notary Public will have witnesss grantor signing the POA.
   • The Notary Public will then attach a notarial certificate to the POA; this certificate includes:
     • Confirmation that the grantor's identification was verified.
     • Confirmation that the grantor appeared to be of sound mind and capable of understanding the POA document.
     • Confirmation that the grantor's signature was witnessed.
     • Notary's signature and official seal (a unique stamp registered with the High Court).
   • The Notary Public will keep a record of the notarisation in their notarial register.
   • If the Power of Attorney is meant for use in a country that is a signatory to the Hague Apostille Convention, it will need to be apostilled by the relevant authority in South Africa (DIRCO - Department of International Relations and Cooperation). For countries not party to the convention, a more complex process of legalisation through the foreign embassy or consulate may be required..
   • In some cases, the Power of Attorney may need to be registered with the Deeds Office for property transactions.

What Documents Do You Need to Bring to Your Notary Appointment?

Here's a list of documents required:

• Original ID of the grantor; usually a South African ID book or Smart ID ard, or a passport.
• ID of the Attorney.
• The original unsigned Power of Attorney document
• A copy of the Power of Attorney document
• Any specific instructions (.e.g wording) from the institution or person requiring the POA.
• If you are signing on behalf of a company, then documents like proof of authority and the company's registration documents.
• Info about Apostille or legalisation requirements.
• Depending on how you've agreed with the notary to pay, you may need to take cash or a credit card.
• Confirm with the notary in advance which documents are required.

Notarial services info

• Notarise and apostille documents for use abroad
• Cohabitation agreement
• Marriage
  • Antenuptial contract notarial requirement
    • Cost of an antenuptial contract
    • Drafting an ANC with accrual contract
    • Example of ANC with accrual marriage contract.
    • Amending an antenuptial contract
      • Terms of an amended ANC
  • Postnuptial contract - for when you're already married and realise you should have entered into an antenuptial contract, or you want to amend an existing agreement.
• Property
  • Usufruct Agreement on Property in South African law.
  • Deeds Registeries Act.
  • Top conveyancers in Cape Town.
  • Transfer attorney vs bond attorney.
  • Law Society of SA Guidelines for Conveyancing fees from 27 May 2024
• Power of Attorney
  • Notary for Power of Attorney Cape Town Notary for Power of Attorney Cape Town
• Suburbs of Cape Town
  • Bellville Notary publics

Notary Public Cape Town discussion forum

Note that this is a public forum - exercise caution before acting on info and use at own risk. Anybody may ask and answer, and you don't know what their level of expertise is. No information on this website should be acted on without first consulting with an attorney (with a notarial qualification) to test its validity. Do not share private details here.