Power of Attorney for Land Transactions in Ghana

A Power of Attorney (POA) is a legal document that authorises one person (the attorney or donee) to act on behalf of another (the donor) in legal or financial matters. In Ghana's property sector, POAs are widely used — by diaspora buyers who can't travel, by landowners selling remotely, and by developers managing multiple transactions. They are also one of the most commonly abused instruments in land fraud.

Types of Power of Attorney

• General POA: Gives the attorney broad powers to act in a range of matters. Automatically revoked if the donor loses mental capacity.
• Specific/Special POA: Limited to a specific transaction or type of act — e.g., "sell Plot No. X at Kasoa." The most appropriate for land transactions.
• Enduring/Durable POA: Continues even if the donor loses mental capacity. Used for long-term estate planning.
• Irrevocable POA: Cannot be revoked by the donor — used where the attorney has a financial interest in the transaction (e.g., a mortgagee). Rare and must be explicitly stated.

What Makes a POA Valid in Ghana

• In writing
• Signed by the donor
• Witnessed by at least one adult witness (not the attorney)
• Stamped by GRA (stamp duty is payable on POAs used for property transactions)
• For transactions involving registered land: may need to be registered at the Lands Commission

When a POA Is Used in Property Transactions

• Seller is abroad and cannot attend transaction in person
• Elderly or ill owner cannot manage their own affairs
• Developer acts on behalf of multiple plot owners in a development
• Family member manages a deceased estate pending Letters of Administration

Limitations: What a POA Cannot Do

• A POA automatically terminates on the donor's death — the attorney cannot transact after the donor dies (the estate must go through probate/Letters of Administration)
• An attorney under a non-enduring POA cannot act if the donor becomes mentally incapacitated
• An attorney cannot exceed the powers expressly granted in the POA
• An attorney has fiduciary duties — they must act in the donor's best interests, not their own

POA Fraud: The Major Risk

Land fraud in Ghana frequently involves forged or misused POAs. Common patterns:

• Forged POA — the alleged donor never signed it
• Revoked POA being used after the donor withdrew authority
• POA used after the donor's death
• Attorney exceeds their actual authority (e.g., POA to manage property used to sell it)

Protecting Yourself When Dealing with a POA

• Contact the donor directly (video call, in-person) to confirm the POA is genuine and still valid
• Check the POA has not been revoked — ask the donor directly
• Confirm the donor is still alive
• Verify the POA covers the specific transaction you're conducting
• Have the POA checked by your own lawyer — not the attorney's lawyer

Revoking a POA

To revoke a POA: execute a written revocation notice; notify the attorney in writing; notify any third parties who have relied on the POA. For land transactions, record the revocation at the Lands Commission.

Use our free Land Deal Risk Check before any transaction involving a POA. Read about diaspora buying safely and the full transfer process.