A Power of Attorney must be strictly construed.

CS Professional · Drafting, Appearances and Pleadings · PYQS · June 2018
A Power of Attorney must be strictly construed.

Answer & Explanation:

As a general rule, a power of attorney should be construed strictly and general words must be interpreted in the light of the special powers, although they include incidental powers necessary for carrying out the authority. The general words used in the subsequent clauses of a power of attorney must be read with the special or specific powers given in the earlier clauses and cannot be construed so as to enlarge the restricted powers mentioned in the powers of attorney. Regard must be had to the recitals, if any, as showing the scope and object of the power, as such recitals will control any general terms in the operative part of the instrument. Any power which has not been expressly delegated should not be implied. Where an authority is given to do particular acts, followed by general words, the general words are restricted to what is necessary for the performance of the particular acts.

Topics: Deeds and Documents

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