How to make and register a power of attorney in Uganda
In brief
A power of attorney (POA) is a formal document by which one person (the donor) authorises another (the attorney/agent) to act on their behalf — generally or for specific matters. It should be in writing, signed and witnessed, and stamped. For it to be relied on in dealings with registered land or other official transactions it is registered as a document under the Registration of Documents Act, Cap. 81, which provides for a register of documents kept by the registrar (s.3). A POA can be general or special, and revocable or (where given for value) irrevocable; it ends on revocation or the donor's death or incapacity unless the law provides otherwise.
1. Governing law
A power of attorney is an instrument of agency: the donor confers authority on an attorney to act in the donor's name, and acts done within that authority bind the donor. To be effective and relied upon — particularly for dealings with registered land, banks and government offices — a POA is executed in writing, signed by the donor and witnessed, and stamped under the Stamp Duty Act, Cap. 339. It is then registered as a document under the Registration of Documents Act, Cap. 81: the registrar keeps a register of documents and registers documents presented in the prescribed manner (s.3), a document being presented by a person executing or claiming under it (s.4), with a memorandum endorsed on every registered document (s.7); registration gives the POA authenticity and a public record. A POA may be general (authorising a broad range of acts) or special (limited to a specific transaction). It is ordinarily revocable by the donor and is, in general, terminated by revocation or by the donor's death or mental incapacity — except an irrevocable power given for valuable consideration, which cannot be revoked to the prejudice of the interest it secures. Where the attorney will deal with registered land, the Registration of Titles Act requirements for the transaction still apply. Statutory text verified against the consolidated Laws of Uganda as at 31 December 2023. Sourced from the Uganda Legal Information Institute (ulii.org).
2. Key statutes & rules
- Registration of Documents Act, Cap. 81 — s.3 (the registrar keeps a register of documents and registers documents presented in the prescribed manner); s.4 (presentation by a person executing or claiming under the document); s.7 (memorandum endorsed on every registered document) — the basis for registering a power of attorney.
- Stamp Duty Act, Cap. 339 — stamp duty is payable on a power of attorney (confirm the current item/amount).
3. Practical guidance
Decide the scope: a general power (broad authority) or a special power (one transaction), and name a trustworthy attorney.
Draft it in writing, clearly stating the powers granted and any limits, and have the donor sign before witnesses.
Pay stamp duty on the document (Stamp Duty Act).
Register the power of attorney under the Registration of Documents Act (s.3) so it can be relied on for land, banking and official dealings.
Remember it can be revoked and generally ends on the donor's death or incapacity — unless it is an irrevocable power given for value; tell relevant parties if you revoke it.
This note is a practitioner orientation, not legal advice, and does not create an advocate–client relationship. Ugandan law changes and chapter and section numbers were revised in the 2023 Laws of Uganda. Verify every statute, rule and authority against the current primary source — and the specific facts of your matter — before filing or relying on it.