Following on from our previous blog, we’ve often encountered situations where our clients have assumed that a Power of Attorney (POA) gave them full authority to help their parents when they can no longer manage their own affairs.

But many families only discover its limits when it’s too late. Let’s expand on this a little…

There are two types of POA in South Africa:

A Special Power of Attorney allows you to perform a specific task, such as signing a document or attending an appointment. Once that act is done, so is the POA.

A General Power of Attorney gives you broader rights – to act on their behalf across most legal and financial matters.

But, remember from our last blog, there’s a catch: both are only valid while your parent is still mentally competent.

POA is not designed for long-term incapacity. It doesn’t let you make decisions for someone who no longer understands what’s going on. Once mental competence is lost, POA is no longer legal, regardless of how close you are or how long you’ve helped them.

That’s why long-term planning is so important. Don’t leave these conversations for later. Being proactive means keeping your parents’ wishes at the centre, without last-minute legal scrambles.