Springing Power of Attorney (Ghana)
Springing Power of Attorney
This Springing Power of Attorney is executed on [Execution Date] by:
DONOR: [Donor Name], of [Donor Address], date of birth [Donor DOB], Ghana Card number [Donor Ghana Card] (the "Donor").
The Donor hereby appoints the following person as attorney:
ATTORNEY: [Attorney Name], of [Attorney Address], [Attorney Relationship] (the "Attorney").
SUCCESSOR ATTORNEY (if applicable): [Successor Attorney Name].
This document is governed by the Contracts Act 1960 (Act 25), including Section 139, and Ghanaian common law principles of agency.
1. Trigger Event — When This Power Springs Into Effect
This Springing Power of Attorney shall NOT take effect until the following trigger event has occurred: [Trigger Event].
Until the trigger event has occurred and been evidenced in writing, the Attorney has no authority to act under this document. The Donor retains full legal capacity and control of their own affairs until the trigger event occurs.
The trigger event is evidenced by written certification in the form required by clause 1.1, signed by the certifying medical practitioner(s) and delivered to the Attorney. The Attorney shall retain the original certification and provide a copy to any third party who requests evidence of authority.
2. Scope of Authority
Once the trigger event has occurred, the Attorney is authorised to do the following acts on the Donor's behalf: [Authorised Acts].
Where more than one Attorney is appointed, they shall act [Acting Requirement].
The Attorney is NOT authorised to: (a) make a will on the Donor's behalf; (b) make gifts that exceed any limit specified in clause 2.1; or (c) act in any matter that would constitute a conflict of interest with the Donor's interests. The Attorney shall maintain accurate accounts of all transactions conducted on the Donor's behalf.
3. Durability
Once this power has sprung into effect following the occurrence of the trigger event, it shall remain in full force and effect notwithstanding any continuation or worsening of the Donor's incapacity, until it is revoked in accordance with clause 4 or terminated by operation of law.
4. Revocation
The Donor may revoke this Springing Power of Attorney at any time while the Donor retains full legal capacity, by executing a written deed of revocation and delivering it to the Attorney and to any third parties — including the Lands Commission of Ghana, any bank licensed by the Bank of Ghana (BoG), or the Registrar General's Department (RGD) — who have previously been notified of this power.
This Springing Power of Attorney terminates automatically upon the death of the Donor.
5. Donor's Capacity Declaration
The Donor declares that at the time of executing this Springing Power of Attorney, the Donor is of full legal capacity, is not subject to any undue influence or duress, and fully understands the nature and effect of this document.
Signatures
SIGNED by the Donor in the presence of an independent witness:
Donor
________________
Signature
Witness
________________
Signature
What Is a Springing Power of Attorney (Ghana)?
A Springing Power of Attorney in Ghana delegates legal authority from a principal to a chosen agent, setting the scope and limits of that authority.
Ghana operates a common law legal system inherited from British colonial administration, and powers of attorney in Ghana are governed by the Contracts Act 1960 (Act 25), which codifies the law of agency in Ghana. Section 139 of Act 25 provides that an agency may be created for a specified purpose and may be conditional on the occurrence of a specified event. The High Court of Ghana — including the Probate and Administration Division — recognises and enforces powers of attorney consistent with these principles.
The Land Act 2020 (Act 1036) and the Land Registration Act 2020 (Act 1036) impose specific requirements on powers of attorney used to execute land transactions in Ghana. A Springing Power of Attorney authorising an attorney to deal with land — including the purchase, sale, lease, or mortgage of stool land, family land, or freehold property registered with the Lands Commission — must be in writing, signed by the donor, and may require registration with the Lands Commission of Ghana to be effective against third parties.
The Mental Health Act 2012 (Act 846), administered by the Mental Health Authority of Ghana, governs the assessment and declaration of mental incapacity in Ghana. For a Springing Power of Attorney triggered by mental incapacity, the agreement should specify the standard of incapacity — typically a certificate from two registered medical practitioners, including at least one psychiatrist accredited by the Mental Health Authority — required to trigger the power. The Mental Health Act 2012 (Act 846) recognises the right of individuals to make advance planning arrangements while they retain capacity.
The Electronic Transactions Act 2008 (Act 772) recognises electronic signatures in Ghana. However, for a Springing Power of Attorney authorising land transactions or other matters requiring formal execution — such as bank account management or property conveyancing — a wet-ink signature before an independent witness and, where required, a Notary Public enrolled with the Ghana Bar Association is strongly recommended to satisfy the evidentiary requirements of the Lands Commission, the Bank of Ghana (BoG), and other relevant authorities.
The Ghana Bar Association represents lawyers enrolled to practise in Ghana. A solicitor enrolled with the Ghana Bar Association should be consulted when drafting a Springing Power of Attorney involving significant assets, complex medical conditions, or multiple attorneys, to confirm the document meets all applicable legal requirements and will be accepted by Ghanaian institutions and authorities.
When Do You Need a Springing Power of Attorney (Ghana)?
A Springing Power of Attorney in Ghana is needed whenever a person wishes to appoint a trusted representative to manage their affairs in the event of future incapacity, while retaining full control of their affairs until that event occurs.
A Springing Power of Attorney is required when an elderly person in Accra, Kumasi, or any other Ghanaian city wishes to make advance arrangements for the management of their bank accounts held with a bank licensed by the Bank of Ghana (BoG), their property registered with the Lands Commission, and their business interests, in the event they lose mental or physical capacity in the future.
A Springing Power of Attorney is needed when a professional — such as a lawyer enrolled with the Ghana Bar Association, a doctor licensed by the Medical and Dental Council, or a business executive — travels abroad for an extended period and wants to confirm that a trusted person in Ghana can manage their property and financial affairs if they become incapacitated while overseas.
A Springing Power of Attorney is required when a person who has been diagnosed with a progressive medical condition — such as early-stage dementia assessed under the Mental Health Act 2012 (Act 846) — wishes to make advance arrangements for the management of their affairs while they still have the legal capacity to execute the document.
A Springing Power of Attorney is needed when a business owner with interests in companies registered under the Companies Act 2019 (Act 992) with the Registrar General's Department (RGD) wishes to appoint a trusted director or family member to exercise their shareholder rights and manage business decisions if they become incapacitated.
A Springing Power of Attorney is required when a person has stool land, family land, or other customary property interests in Ghana and wishes to appoint an attorney to manage those interests — including collecting rents, granting leases, and interacting with the relevant traditional authority — in the event of incapacity, consistent with the Land Act 2020 (Act 1036).
Parties in Ghana should execute a Springing Power of Attorney while the donor is of full legal capacity, well in advance of any anticipated incapacity, since a power of attorney executed by a person who lacks capacity at the time of execution is void under the Contracts Act 1960 (Act 25).
What to Include in Your Springing Power of Attorney (Ghana)
A binding Springing Power of Attorney in Ghana under the Contracts Act 1960 (Act 25) must contain the following essential elements.
Parties: Full legal name, address, date of birth, and identification details (such as Ghana Card number issued by the National Identification Authority (NIA)) of the donor and each appointed attorney. Where the attorney is a company incorporated under the Companies Act 2019 (Act 992), the company registration number issued by the Registrar General's Department (RGD) should be stated.
Trigger Event Definition: A precise, unambiguous definition of the event that causes the Springing Power of Attorney to take effect — for example, a written certification by two registered medical practitioners (at least one of whom is a psychiatrist accredited by the Mental Health Authority under the Mental Health Act 2012 (Act 846)) that the donor lacks the mental capacity to manage their own affairs. The trigger definition must be objective and verifiable to avoid disputes about whether it has occurred.
Scope of Authority: A thorough list of the acts the attorney is authorised to perform on the donor's behalf once the power springs into effect — for example: managing bank accounts held with banks licensed by the Bank of Ghana (BoG); entering contracts on the donor's behalf under the Contracts Act 1960 (Act 25); dealing with land registered with the Lands Commission under the Land Act 2020 (Act 1036); managing investments regulated by the Securities and Exchange Commission (SEC Ghana); making gifts within specified limits; and making decisions about the donor's healthcare consistent with the Health Facilities Regulatory Agency Act 2011 (Act 829).
Limitations on Authority: Matters the attorney is expressly prohibited from doing — such as making a will on the donor's behalf (which is not permitted under the Wills Act 1971 (Act 360)), making gifts above a specified value without consent of a named family member, or changing the beneficiaries of insurance policies without independent oversight.
Multiple Attorneys: Where more than one attorney is appointed, the Springing Power of Attorney should specify whether the attorneys must act jointly (requiring consensus on every decision) or jointly and severally (each attorney may act independently). The document should specify a procedure for resolving disagreements between attorneys.
Successor Attorney: A named substitute attorney who takes over if the primary attorney is unable or unwilling to act at the time the power springs into effect.
Donor's Capacity at Execution: A statement confirming that the donor is of full legal capacity at the time of executing the Springing Power of Attorney, supported by the signature of a witness — preferably a solicitor enrolled with the Ghana Bar Association or a registered medical practitioner — who can attest to the donor's capacity.
Durability After Trigger: Whether the power remains in effect after the trigger event indefinitely (durable) or only for a specified period. A durable Springing Power of Attorney that survives the donor's continuing incapacity provides the most thorough protection.
Revocation: The donor's right to revoke the Springing Power of Attorney at any time while they retain legal capacity, by written notice to the attorney and to any third parties — such as the Lands Commission, Bank of Ghana (BoG) licensed banks, or the Registrar General's Department (RGD) — who have been notified of the power.
Governing Law: Ghana law governing the document; the High Court of Ghana (Probate and Administration Division or High Court (Commercial Division) in Accra) having jurisdiction over any disputes.
Forms-legal.com provides this Springing Power of Attorney template as a starting point for donors and attorneys in Ghana. Donors should seek advice from a solicitor enrolled with the Ghana Bar Association, particularly for documents authorising land transactions or the management of significant assets.
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Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Springing Power of Attorney (Ghana) (Ghana) [Legal document template]. Forms Legal. https://forms-legal.com/ghana/estate-planning/power-of-attorney/springing-power-of-attorney-ghana
"Springing Power of Attorney (Ghana) (Ghana)." Forms Legal, 2026, https://forms-legal.com/ghana/estate-planning/power-of-attorney/springing-power-of-attorney-ghana.
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howpublished = {\url{https://forms-legal.com/ghana/estate-planning/power-of-attorney/springing-power-of-attorney-ghana}},
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Frequently Asked Questions
A Springing Power of Attorney in Ghana remains dormant after execution and only takes effect upon the occurrence of a specified triggering event — most commonly the donor's mental or physical incapacity as certified by registered medical practitioners under the Mental Health Act 2012 (Act 846). Until that event occurs, the attorney has no authority to act. A durable power of attorney in Ghana takes effect immediately upon execution and continues to be valid even after the donor becomes incapacitated. The practical advantage of a Springing Power of Attorney is that the donor retains full control of their affairs until incapacity occurs and there is no risk of the attorney acting prematurely. The disadvantage is that the trigger certification process can cause delays in urgent situations. Both instruments are governed by the Contracts Act 1960 (Act 25) and Ghanaian common law principles of agency. The appropriate instrument depends on the donor's personal circumstances and risk preferences.
For a Springing Power of Attorney in Ghana, incapacity is typically defined by reference to the standard in the Mental Health Act 2012 (Act 846), which governs the assessment of mental incapacity in Ghana. The Mental Health Act 2012 (Act 846) recognises that mental incapacity exists when a person, due to a mental disorder or impairment, is unable to make decisions about their affairs, to understand relevant information, or to communicate decisions reliably. A well-drafted Springing Power of Attorney should require written certification from at least two registered medical practitioners — one of whom should be a psychiatrist accredited by the Mental Health Authority — confirming that the donor meets the incapacity standard. Physical incapacity may also be defined as a trigger — for example, prolonged unconsciousness or a specified medical condition certified by a registered medical practitioner licensed by the Medical and Dental Council of Ghana. The precise incapacity definition in the document determines when the power springs into effect and should be drafted carefully to avoid ambiguity.
A Springing Power of Attorney in Ghana can authorise an attorney to conduct land transactions on the donor's behalf once the power springs into effect, subject to the formal requirements of the Land Act 2020 (Act 1036) and the Land Registration Act 2020 (Act 1036). Under these statutes, any instrument affecting land — including a sale, purchase, lease, or mortgage — must be in writing, signed by or on behalf of the parties, and registered with the Lands Commission of Ghana to be enforceable against third parties. A Springing Power of Attorney used for land transactions should itself be registered with the Lands Commission to put third parties on notice of the attorney's authority. The Lands Commission of Ghana may require a power of attorney to be executed before a Notary Public enrolled with the Ghana Bar Association and authenticated by a Commissioner for Oaths for certain transactions. Parties planning to use a Springing Power of Attorney for land in Ghana should seek advice from a solicitor enrolled with the Ghana Bar Association.
A Springing Power of Attorney in Ghana can be revoked by the donor at any time while the donor retains full legal capacity, by executing a written deed of revocation and delivering it to the attorney and to any third parties who have relied on the power. Under Ghanaian common law principles of agency and the Contracts Act 1960 (Act 25), a power of attorney is revocable by the donor while they retain capacity, unless it is expressed to be irrevocable and is given to secure a proprietary interest or obligation of the attorney. A revocation of a Springing Power of Attorney used for land transactions should be registered with the Lands Commission of Ghana to be effective against third parties who may have previously been notified of the power. Once the donor has lost capacity and the power has sprung into effect, the donor cannot revoke the power, and revocation would require an application to the High Court of Ghana under the Mental Health Act 2012 (Act 846) or other applicable legal process.
Banks licensed by the Bank of Ghana (BoG) generally accept powers of attorney — including Springing Powers of Attorney — for the management of customer accounts, subject to the bank's internal policies and the requirements of the Bank of Ghana's Know Your Customer (KYC) guidelines under the Anti-Money Laundering Act 2020 (Act 1044). A bank will typically require: a certified copy of the Springing Power of Attorney; the trigger certification (evidence of incapacity) confirming the power has sprung into effect; the attorney's valid identification document, such as a Ghana Card issued by the National Identification Authority (NIA); and completion of the bank's own power of attorney acceptance forms. Different banks have different procedures, and the attorney should contact the relevant bank branch in advance to confirm their specific requirements. A Springing Power of Attorney executed before a Notary Public enrolled with the Ghana Bar Association is more likely to be accepted readily by banks and other financial institutions.
A Springing Power of Attorney in Ghana — like all powers of attorney — automatically terminates upon the death of the donor, regardless of whether the triggering event for the spring had occurred or not. After the donor's death, the attorney has no further authority to act under the Springing Power of Attorney, and any acts purportedly done by the attorney after the donor's death are void. The donor's estate passes to their personal representatives — executors appointed under a will made in accordance with the Wills Act 1971 (Act 360), or administrators appointed by the High Court of Ghana (Probate and Administration Division) under the Administration of Estates Act 1961 (Act 63) and the Intestate Succession Law 1985 (PNDCL 111) if the donor died without a valid will. Persons who have dealt with the attorney in good faith without notice of the donor's death may be protected under the Contracts Act 1960 (Act 25) and Ghanaian agency principles. The Springing Power of Attorney should be used alongside a Last Will and Testament and an Enduring Power of Attorney for detailed estate planning in Ghana.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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