Section 5 of The Powers-of Attorney Act, 1882
1[A married woman of full age shall, by virtue of this Act, have power, as if she were unmarried,] by a non-testamentary instrument, to appoint an attorney on her behalf, for the purpose of executing any non-testamentary instrument or doing any other act which she might herself execute or do; and the provisions of this Act, relating to instruments creating powers-ofattorney, shall apply thereto. This section applies only to instruments executed after this Act comes into force.
Summary
- A married woman of full age (an adult) has the legal authority to appoint an attorney as if she were unmarried.
- She must make this appointment using a non-testamentary instrument (a legal document other than a will).
- The appointed attorney can execute any non-testamentary instrument or perform any act that she herself is legally allowed to do.
- All other provisions of this Act that relate to creating powers-of-attorney apply to her instrument.
- This specific section applies only to instruments executed after this Act came into force.
Practical examples
FAQ
1. What age must a married woman be to appoint an attorney under Section 5?
She must be of "full age" (an adult).
2. What acts can the attorney of a married woman perform?
The attorney can execute any non-testamentary instrument or do any other act that the married woman herself could legally execute or do.
3. Does this section apply to a power of attorney executed by a married woman before the Act came into force?
No, this section applies only to instruments executed after the Act came into force.
Test yourself
Q1.Under Section 5, how is the power of a married woman of full age to appoint an attorney described?
Q2.What kind of instrument must a married woman use to appoint an attorney under Section 5?
Q3.What acts can the attorney appointed by a married woman perform?
Q4.What age requirement must a married woman meet to use Section 5?
Q5.To which instruments does Section 5 apply?