A general power of attorney transfers to the attorney the broadest authority to act in the grantor’s name, and this breadth makes the document the most dangerous one for the person giving it. The mandate chapter of the Civil Code provides the instruments with which the grantor protects their interests: an exhaustive list of authorised acts, a prohibition on delegation, reporting duties and the right to revoke at any time. We explain how these mechanisms work and how we draft the text so that it never works against you.
The legal nature of the mandate relationship
Authority is conferred by a declaration of will made towards the attorney or towards the third party with whom the representation is to take place — this rule is laid down in the Civil Code. Under a contract of mandate, the attorney is obliged to perform for the principal one or several acts in the principal’s name and at the principal’s expense — hence the practical difference between a special power of attorney for one concrete act and a broad general power of attorney.
As a rule, the declaration of will does not require the form necessary for the underlying transaction — unless a special form is prescribed. In practice the boundaries of a general power of attorney therefore depend entirely on the text we draft: the law does not limit the attorney by itself; only a correctly written document does.
The delegation risk and how to control it
Under the contract of mandate the attorney must perform the mandate personally, unless permitted to delegate it to a third party or forced by circumstances; assistants may be involved. Where delegation is permitted, the attorney is liable only for such fault as is attributable to the delegation and to the choice of that person.
For a general power of attorney this norm is decisive: broad wording often enables the attorney to transfer the entire mandate to someone else. We therefore write directly into the text that delegation is prohibited — one clause that returns control over whose hands your affairs end up in.
Instructions, information and reporting
The attorney must follow the principal’s instructions and may not deviate from them unless the attorney may assume the principal would approve such deviation knowing the state of affairs; before deviating, the attorney must notify the principal and await the decision, provided the delay creates no risk of loss. The attorney must also give the principal necessary information and, on request, progress reports, and after completion must render an account.
Confidentiality is protected as well: the attorney may not disclose facts learned in the course of the activity whose secrecy the principal legitimately interests in, and this duty survives the end of the relationship. Restricting the information and reporting duties requires written form — the level of accountability is yours to set. Property matters carry a protective presumption: property the attorney acquires at the principal’s expense in their own name, or handed over for the mandate, counts in relations with creditors as the principal’s property.
Revocation and termination — the core guarantee
The contract of mandate may be terminated by either party at any time, and any agreement to waive this right is void — the direct rule of the Civil Code and the strongest protection a general power of attorney offers: no clause about an “irrevocable” authorisation can take away your right to revoke it at any moment. Where the principal terminates, necessary expenses and proportionate remuneration must still be reimbursed. The operational procedure of revocation — whom and how to notify — is set by other normative acts, and we plan that step with you.
The subsequent effects also matter: on the principal’s death the contract does not terminate unless otherwise agreed or implied by the mandate; where it does terminate and delay would endanger the principal, the attorney must continue the act until the heir takes the necessary measures. On the attorney’s death the contract terminates, and the attorney’s heirs must notify the principal and protect his interests. The fate of the document in such situations must also be addressed in its text.
How we limit the risks when drafting
A safe general power of attorney is a text built on these elements: an exact list of authorised acts grouped by category; an express prohibition of delegation; a defined validity period; a reporting cycle; and a clause that the authority does not extend to transactions in which the attorney is personally interested. Such a text fits within the law while eliminating the “implied breadth” — the principal risk of this document.
Frequently asked questions about a general power of attorney
Below are the most frequent questions on this topic, answered briefly.
Can a general power of attorney be revoked at any time?
Yes. The contract of mandate may be terminated at any time, and an agreement waiving this right is void.
Does the power of attorney survive the grantor’s death?
The contract is not terminated by the principal’s death unless otherwise agreed or implied by the mandate. Where it does terminate, the attorney continues the act until the heir takes measures.
May the attorney transfer the authority to someone else?
Only if expressly permitted or compelled by circumstances. Otherwise the mandate is performed personally; a written prohibition removes this risk entirely.
How do I protect the property I hand over under the mandate?
By law, property acquired under the mandate or handed over for it counts as the principal’s property in relations with creditors. An exact list of acts and a reporting clause add protection.
How We Help on Legal.ge
On Legal.ge we draft the text of a general power of attorney with your interests protected: we delimit the scope of authority, prohibit delegation, structure the reporting duty and assist with revocation when needed. Contact us — your document will be manageable, not a source of risk.