Using a Power of Attorney to Buy Land in Ghana

Many people buying land from abroad never need anyone to sign for them. As we set out in Buying Land in Ghana Without Being There, the documents can be couriered to you, signed wherever you are, and sent back. For a lot of buyers that is the simplest route.

Some people want more than that. They want someone in Ghana who can sign on their behalf, attend an appointment, collect a document or follow up at an office without every step having to make the round trip by courier. The usual way to arrange that is a power of attorney.

What a power of attorney is

A power of attorney is a written document in which you give another person authority to act for you. You grant it, and the person you name, often called your attorney, can then do what the document allows, in your name, while you are elsewhere.

The word attorney causes some confusion. The person does not have to be a lawyer. It can be a sibling, a cousin, a trusted friend, or a professional you engage for the purpose.

Why people abroad use one

The appeal is mostly practical. Land transactions in Ghana still involve offices, queues and original documents, and some of that goes faster with someone physically present. A power of attorney lets that person act when something is needed, instead of every step waiting on international post.

It also helps when something unexpected comes up. A document needs a fresh signature, an office asks for a representative to attend, a date moves. With someone already authorised, a small problem stays small.

What it does not do

Giving someone a power of attorney does not give them the land. Your lease or deed is granted to you and registered in your name. The person acting for you holds authority to act, for as long as the document says, and nothing more.

In most cases you can also bring it to an end. If circumstances change, the authority can be withdrawn, and your lawyer can tell you what that involves.

Choosing the person

This is the part only you can decide, and it tends to matter more than the paperwork.

People tend to choose someone they would trust with the matter even without a document, and someone who has the time. Queuing at an office on a weekday morning is a real commitment, and goodwill alone does not always last to a third visit. Some families find it easier to ask a professional to act, so the arrangement stays businesslike.

It is also worth agreeing how the person will keep you informed. The arrangement works best when you hear about each step as it happens rather than at the end.

What to talk through with your lawyer

The legal detail belongs with your own lawyer, who can prepare the document to suit your situation. A few questions are worth raising early.

How broad should the authority be? A power drawn for one purchase is very different from one covering all your affairs, and for a single purchase the narrower kind is often enough. How long should it last? Some are written to end when the transaction completes. How does it need to be signed and witnessed where you live? Documents signed outside Ghana have their own requirements, and getting this right at the start saves trouble later. Does it need to be registered before it can be used? For land it often does, and your lawyer will know.

None of this needs to be worked out alone. It is routine work for a Ghanaian property lawyer.

The part worth keeping

Whatever you delegate, some things are worth holding on to yourself. Paying the seller directly is one. Reading what you sign is another. A power of attorney is there to save you journeys, and it works best when it does exactly that.