antonio 28 June 2018

Joint power of attorney

Dear Sir,

I have father who is a senior citizen and who has recently operated for foot finger. We have a matter that is going in lower courts. I want to take power of attorney of my father to represent on his behalf - that is myself and my wife. Incase if I am not available than mu wife can represent.

What is the meaning of phrase jointly and severally in power of attorney document.

Please resply.

best wishes,

Paul

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1 Replies

Majeed KM (Lawyer) 24 October 2018

Dear Mr.Antonio,

Noted your query and inform you the following:

In contract, it arises when two or more persons in the same contract jointly promise to do the same thing, but also separately promise to do the same thing. For example, if A and B promise jointly and severally to pay £100 to C, then they are together under an obligation to pay £100 to C, but also individually they are under an obligation to pay the money to C. Performance by A or B discharges the obligation. In such a case, C is entitled to £100 in total and it can enforce the obligation in full against A or B or both. If C sues A and not B, it is open to A to claim a contribution from B.

Hope the example will clarify the matter.

Regards

MAJEED KM

majeedkm@hotmail.com

Legal consultant

Abu Dhabi