Template power of attorney by which a principal (mandator) authorises another person (mandatary / attorney) to do one or more acts in the principal's name. Under the Civil Code (Chapter 16) mandate is a contract whereby a person undertakes to do something for another who confers the power. The template sets out the powers granted, their limits, and the rules on revocation. For certain acts the law requires the power to be given in a qualified form.
📄 Power of Attorney (Mandate)
POWER OF ATTORNEY
THE PRINCIPAL (MANDATOR): [full name], holder of identity card / passport No. [number], of [address], hereby appoints and constitutes
THE ATTORNEY (MANDATARY): [full name], holder of identity card / passport No. [number], of [address], as his lawful attorney.
1. POWERS GRANTED
The Principal grants the Attorney the power to do the following acts in his name and on his behalf: [precise description of the acts, e.g. to sign the contract of [...], to represent the Principal before [authority], to collect / pay sums, to manage the property situated at [...]].
2. LIMITS OF THE MANDATE
The mandate is limited to the acts expressly listed above. The Attorney may not exceed the powers granted and shall act with the diligence of a bonus paterfamilias and in the interest of the Principal.
3. DURATION
This power of attorney is valid [until [date] / until the completion of the acts entrusted / until revoked].
4. SUBSTITUTION
The Attorney [may / may not] appoint a substitute to perform the acts entrusted, in which case he remains answerable for the person chosen unless otherwise authorised.
5. ACCOUNT
The Attorney shall render an account of his management to the Principal and hand over whatever he has received in the exercise of the mandate.
6. REVOCATION
The Principal may revoke this power of attorney at any time, notifying the Attorney and any third party who has dealt with him. The mandate also comes to an end by the accomplishment of the acts, the expiry of the term, the renunciation of the Attorney, or the death or incapacity of either party, as provided by law.
7. FORM
Where the law requires it for the acts to be carried out (in particular acts concerning immovable property), the signature to this power of attorney shall be authenticated in the form required by law.
8. GOVERNING LAW
This power of attorney is governed by the laws of Malta.
Signed at [place], on [date].
The Principal: ______________________
(Authentication of signature, where required by law)
Frequently asked questions
Does a power of attorney need to be in a special form?
For ordinary acts a private writing is sufficient, but for certain acts — in particular those concerning immovable property — the law requires the power to be given in a qualified or authenticated form matching the act to be performed.
Can the principal revoke the power of attorney?
Yes. The principal may revoke the mandate at any time and should notify the attorney and any third party who dealt with him, so that the revocation takes effect against them.
When does the mandate come to an end?
The mandate ends on completion of the acts entrusted, expiry of the agreed term, revocation by the principal, renunciation by the attorney, or the death or incapacity of either party, as provided by the Civil Code.