Mandatary compensation

If you entrust the execution of your power of attorney to a professional, you would expect to pay them for their services.

Presumably a friend or relative would be doing it for free.

That said, there’s nothing preventing you from arranging for your friend or relative to be compensated for their efforts.

Just be sure to discuss it first and clarify expectations from the start.

And be aware that you are legally obligated to pay the agreed amount—even if your mandatary fails to perform their duties (provided, of course, they have not committed any wrongdoing).

Avoid ambiguity by adding a clause to the contract stating the mandatary will not be paid if they fail to fulfill their obligations.

Last update: February 1, 2023

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