Many people assume that a Power of Attorney can be used in almost any situation. In practice, this is one of the most misunderstood legal documents in Trinidad & Tobago. When its limits are not clearly understood, families often face unnecessary delays and distress, especially during illness or after death.
This article explains what a Power of Attorney can do, what it cannot do, and when it comes to an end.
What Is a Power of Attorney?
A Power of Attorney is a legal document that allows one person (called the Donor) to authorise another person (the Attorney) to act on their behalf in specific matters. These matters are usually financial or property-related. Learn more about power of attorney.
People commonly use Powers of Attorney to:
- Manage property or bank accounts
- Handle transactions while living or travelling abroad
- Assist with financial affairs where support is needed
When Can a Power of Attorney Be Used?
In Trinidad & Tobago, a Power of Attorney may generally be used while the Donor is alive and has mental capacity, and only within the authority set out in the document.
A properly prepared Power of Attorney can be very useful where:
- The Donor is overseas or frequently travelling
- The Donor wants assistance with administrative or financial tasks
- The Donor cannot be physically present to sign documents
When Can a Power of Attorney NOT Be Used?
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A Power of Attorney Ends on Death
Once the Donor passes away, any Power of Attorney automatically comes to an end. It cannot be used to access bank accounts, transfer property, or distribute assets after death.
After death, legal authority only comes from:
- A Grant of Probate (where there is a Will), or
- Letters of Administration (where there is no Will)
Learn about what happens if someone dies without a Will in Trinidad & Tobago.
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A Power of Attorney Is Generally Not Effective if Capacity Is Lost
In Trinidad & Tobago, a standard Power of Attorney is typically not valid if the Donor loses mental capacity. This means it may not be relied upon where a person becomes unable to manage their affairs due to illness or cognitive impairment.
In such cases, families may need to apply to the court for authority.
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A Power of Attorney Cannot Replace a Will or Probate
A Power of Attorney:
- Cannot change or override a Will
- Cannot distribute assets after death
- Does not remove the need for probate or administration
Common Misunderstandings
Families often assume:
- “We have a Power of Attorney, so probate won’t be needed”: this is incorrect
- “The Power of Attorney can still be used after death”: this is not permitted
Understanding these limits early can prevent serious frustration later.
Powers of Attorney are valuable planning tools, but they are not a substitute for a Will and proper estate planning. Using the right document for the right situation can make a meaningful difference for your loved ones.
If you are unsure whether a Power of Attorney is appropriate, or whether it will still apply when needed, professional guidance can provide clarity and peace of mind.
This article is provided for general information only and does not constitute legal advice.
