A mandatary is an individual who is assigned a mandate, which is a task or job to be completed. They can serve as an agent representing another person or can be someone who is employed to perform a task without compensation. In certain situations, they may be eligible for reimbursement of any expenses they may have while carrying out the task. Additionally, the term mandatary can be used as an adjective to describe something that is obligatory or compulsory.
A mandatary is an individual who is assigned a specific mandate or task to fulfil. This can refer to someone who is employed to complete a task or someone who undertakes it voluntarily. For instance, a lawyer who is hired to represent a client in court is considered a mandatary. Similarly, a volunteer who is requested to organize a charity event also falls under the category of a mandatary. These examples demonstrate that a mandatary can be either remunerated or unpaid for their services. Regardless, they are entrusted with a particular mandate or task and are accountable for its execution.
A mandatory is a person or entity appointed by another person, known as the principal, to act on their behalf and make decisions in their best interest.
The responsibilities of a mandatory vary depending on the specific mandate given by the principal. Generally, a mandatory is expected to act in good faith, exercise reasonable care, and make decisions that align with the principal’s wishes and best interests.
In most cases, anyone who is of legal age and has the mental capacity to understand and fulfill the responsibilities of a mandatory can be appointed. However, certain restrictions may apply depending on the jurisdiction and the nature of the mandate.
A mandatory is typically appointed through a legal document called a power of attorney. This document grants the necessary authority to the mandatory to act on behalf of the principal.
No, a mandatory is obligated to act in accordance with the principal’s wishes and best interests. Making decisions against the principal’s wishes may be considered a breach of their fiduciary duty.
Yes, a mandatory can be held legally responsible for their actions if they fail to fulfill their duties or act negligently. They may be subject to legal consequences and may be required to compensate the principal for any losses incurred.
Yes, a mandatory can be removed or replaced if they fail to fulfill their duties, act against the principal’s wishes, or if the principal becomes dissatisfied with their performance. The process for removal or replacement may vary depending on the jurisdiction and the terms outlined in the power of attorney.
In some cases, a mandatory may be allowed to delegate certain tasks or responsibilities to another person. However, this is subject to the terms outlined in the power of attorney and any applicable laws or regulations.
Yes, a mandatory is generally entitled to receive reasonable compensation for their services, unless otherwise specified in the power of attorney or any other agreement between the principal and the mandatory.
No, a mandatory’s authority typically ceases upon the death of the principal. After the principal’s death, the authority to make decisions and act on their behalf usually passes to the executor or administrator of the principal’s estate.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/mandatary/
- Modern Language Association (MLA):Mandatary. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/mandatary/.
- Chicago Manual of Style (CMS):Mandatary. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/mandatary/ (accessed: May 09 2024).
- American Psychological Association (APA):Mandatary. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/mandatary/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts