Questions to ask before granting a power of attorney

Granting a power of attorney (POA) means handing someone legal authority to act on your behalf. That's why vetting the person who draws it up and witnesses your signature matters as much as vetting the person you're empowering. You're building a document that could affect major decisions about your money, property, or health—and it will only work if it's done right. Before you sign, you need to ask the right questions of the notary who will formalise it.

The tension is real: you want the process quick and affordable, but a POA that's poorly drafted or improperly executed can be rejected by banks, government departments, or the person who needs to rely on it later. A notary who rushes you or gives vague answers is not saving you money—they're creating risk. A good notary will make time to clarify what you're actually trying to achieve and will explain their process clearly.

Questions about what the notary will actually deliver

Start by asking: "What type of POA are you drafting for me, and why?" A hesitant or generic answer is a red flag. A notary should ask *you* first what you need the POA to do—whether it's to manage your property while you're abroad, to handle tax affairs, to make medical decisions, or something else—and only then tell you which form fits. If they hand you a template without asking, that's a sign they're not tailoring the work to your situation.

Next, ask: "Who will accept this POA, and have you drafted it to meet their requirements?" Banks often have their own POA forms or specific conditions. Government bodies like SARS have their own rules. A notary worth their fee will know this and will either work from the recipient's template or explain how the one they're drafting will still be accepted. If they say "it should be fine" without checking, that's evasive.

Then ask: "Will this POA be valid for use abroad, or only in South Africa?" Some POAs need to be legalised or authenticated for overseas use—extra steps that affect cost and timeline. A notary should tell you upfront what the recipient country or institution requires, not leave you discovering it after the deed is signed.

Ask also: "How long will this POA remain valid?" Some are valid indefinitely; others have an expiry date. Some remain valid even if you lose mental capacity (durable POAs); others do not. The notary must be clear about this—it's not a small detail.

Questions that reveal how carefully they'll execute the deed

Ask: "Will you meet me in person to sign this, and will you verify my identity?" A notary *must* see you face to face and confirm who you are—never sign a POA by post or email, and never use a notary who suggests it. A legitimate notary will insist on a physical meeting. Online or remote execution has very specific legal requirements; if the notary isn't experienced in that, they should say so.

Ask: "Do you need a witness, and if so, how will you choose one?" Some POAs require an independent witness; others don't. The notary should explain what's required for your specific deed and should not accept a witness who is related to you, financially dependent on you, or the person you're empowering. If they're vague about witness requirements, they're not thinking clearly about the deed's validity.

Ask: "What will you check on the day I sign?" A good notary will verify your identity, confirm your mental capacity, test that you understand what you're signing, and check for signs of duress or undue influence. They'll ask you direct questions: *Why are you granting this?* *Who is the agent?* *Do you understand what you're giving them power to do?* If the notary treats signing day as a rubber-stamp formality, that's a problem.

Finally, ask: "Will you keep a file, and can I get copies?" You need originals or certified copies for the POA to be effective. The notary should explain what they'll give you and what they'll archive for your protection.

A notary who answers these questions with specifics, asks you questions in return, and explains their process builds confidence. You're not just paying for a signature—you're paying for someone to think through your exact situation and execute a deed that will actually work when you need it. Finding a notary through Strove who takes that responsibility seriously will save you headaches later.