Charmaine Lötter, Senior Legal Advisor at Whitfield Fintax, explains that a power of attorney allows someone to act on your behalf, but only while you retain mental capacity. South African law does not recognise enduring powers of attorney, meaning authority lapses if you lose capacity through illness or injury. Charmaine advises limiting powers to specific tasks, choosing trusted agents and reviewing documents regularly. A power of attorney should complement, not replace, a valid will and a plan for incapacity.
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