In Malta, the power of attorney or “prokura” in Maltese is a legal document through which a person called a grantor, a principal or a donor enables another person, named an agent or attorney-in-fact, to carry out different types of actions on his or her behalf. The grantor must be of legal age and in full mental capacity when signing the power of attorney.
Our law firm in Malta can provide you with specific details about the Maltese power of attorney.
Types of power of attorney in Malta
The Maltese Civil Law divides this document into general and special power of attorney. The Maltese general power of attorney enables the agent to act in the name of the grantor for any type of action, while the special power of attorney enables the agent to conduct one or more actions of certain type on behalf of the donor. The Maltese special power of attorney must stipulate the exact form of the action to be conducted by the agent and, in some cases, it can also have an expiration date.
The durable power of attorney in Malta
A special type of power of attorney is the durable power of attorney often used in Malta. The difference between the normal or usual power of attorney and the special one is that the durable power of attorney will expand beyond the disability of the donor. There are two types of durable powers of attorney: the immediate one and the springing one.
The immediate power of attorney will be enabled as soon as it is signed, while the springing power of attorney is enabled in case of specific circumstances, such as the incapacity of the grantor.
In Malta, the durable power of attorney is created in cases of healthcare problems or decisions that have to be made regarding property issues. Durable power of attorney in Malta has become commonly used because it gives the principal the possibility to have his/her business or personal matters easily covered after becoming incapacitated.
Through the durable power of attorney, a donor can also grant general or limited power.
The Maltese power of attorney will be filled with the names of the principal and agent and their addresses. The agent’s attributions and powers will also be stated in the document. The grantor must sign and date the power of attorney in presence of a notary.
The power of attorney is concluded so that it expires at a certain date or the principal can notify all involved parties about the cancellation of the power of attorney. The cancellation must be submitted in writing.
Our attorneys in Malta can provide you legal advice about power of attorney for different activities, such as opening a company, and also other services requiring legal assistance.