Living abroad means you can’t always be present to sign documents, collect rent, manage property, deal with government agencies or attend legal matters in Nigeria. A power of attorney (POA) lets you appoint someone to act on your behalf. Used wisely, it’s a powerful tool. Used carelessly, it can lead to property being sold or money being taken without your knowledge.
This guide provides general information. Speak to a Nigerian lawyer before signing any power of attorney.
What Is a Power of Attorney?
A power of attorney is a legal document in which you (the donor) authorise another person (the attorney or donee) to act on your behalf in specified matters.
Types of Power of Attorney
- General power of attorney: gives broad authority over many affairs
- Specific or limited power of attorney: authorises only particular actions, such as selling one property or collecting rent
- Irrevocable power of attorney: in some cases, cannot be easily revoked, often linked to transactions where the attorney has an interest
For most diaspora needs, a specific, limited POA is safer than a general one.
Common Uses
- Managing rental properties and collecting rent
- Buying or selling land
- Processing land documents like Governor’s Consent
- Representing you in court matters
- Handling certain banking or business matters
Choosing the Right Person
Consider:
- Integrity and track record
- Competence in the relevant matters
- Availability and location
- Potential conflicts of interest
- How they handle pressure from other family members
The person closest to you isn’t always the best choice. Sometimes a professional, such as a lawyer or estate manager, is safer.
How to Limit Risk
- Specify exactly what the attorney can and cannot do
- Set a time limit or expiry date
- Require regular written reports
- Ensure payments go directly to accounts in your name
- Avoid giving power to sell property unless absolutely necessary
- Keep original title documents in secure custody
Execution and Registration
A power of attorney signed abroad may need to be executed before a notary public and authenticated for use in Nigeria, often through a Nigerian embassy or high commission. Powers of attorney relating to land may also need registration at the relevant state land registry. Your Nigerian lawyer can advise on the correct process.
Revoking a Power of Attorney
If circumstances change or you lose trust in your attorney, you can generally revoke a revocable POA. Revocation should be in writing and communicated to the attorney and relevant third parties, such as banks, tenants or land registries. Registered POAs may require registering the revocation.
Warning Signs of Abuse
- Refusal to provide updates or receipts
- Unexplained transactions
- Pressure to extend powers
- Tenants reporting payments to different accounts
- Rumours of property sales
Act quickly if you notice these signs.
Check Your Representatives
If you appoint a lawyer as your attorney or to prepare the POA, confirm they’re qualified to practise. The Nigerian Bar Association is the professional body for lawyers in Nigeria and can help you understand how to verify legal practitioners.
Keep Copies and Records
Keep certified copies of the POA and all related documents. Maintain a log of actions taken on your behalf.
Discuss Expectations Clearly
Before signing, discuss with your attorney exactly what you expect, how often you’ll communicate and whether they’ll be paid for their time. Clear expectations protect both sides and the relationship.
A written memo of understanding alongside the POA can help.
Final Thoughts
A power of attorney can make managing Nigerian affairs from abroad much easier. Choose carefully, keep powers specific, set time limits, require reports, execute documents properly and revoke promptly if trust breaks down. Protect your property by protecting the authority you give.