Overview

A power of attorney (POA) is a legal document that allows one person to act on behalf of another person in legal, financial or other matters. The person giving the power is known as the "principal" and the person receiving the power is known as the "attorney-in-fact" or "agent." A POA can be useful in situations where the principal is unable to attend to certain matters themselves due to illness, disability, or absence.

Types of Power of Attorney

• General Power of Attorney: A general power of attorney (POA) is a legal document that grants an agent the authority to act on behalf of the principal for a wide range of purposes. Unlike a special POA, which limits the agent's authority to specific tasks or transactions, a general POA gives the agent broad powers to act on behalf of the principal. A general POA is typically used when the principal needs someone to manage their affairs in their absence or when they are unable to do so themselves. For example, a general POA may be used to grant an agent the power to manage the principal's financial affairs, make decisions about their medical treatment, or handle their legal matters.
• Special Power of Attorney: A special power of attorney (POA) is a legal document that grants an agent the authority to act on behalf of the principal for specific purposes. Unlike a general power of attorney, which gives the agent broad powers to act on behalf of the principal, a special POA limits the agent's authority to specific tasks or transactions. A special POA is typically used when the principal needs someone to act on their behalf in a particular matter, but does not want to give the agent unlimited power. For example, a special POA may be used to grant an agent the power to sell a specific property, sign a contract, or make a financial transaction.

Distinction between the two kinds of POAs

There are some key differences between the two:

• Scope of Authority: The main difference between a general and special POA is the scope of authority granted to the agent. A general POA grants the agent broad powers to act on behalf of the principal for a wide range of purposes, while a special POA limits the agent's authority to specific tasks or transactions.
• Duration of Authority: Another difference between a general and special POA is the duration of authority granted to the agent. A general POA is typically valid until the principal revokes it or becomes incapacitated, while a special POA is only valid for a specific period of time or until the task or transaction for which it was granted is completed.
• Flexibility: A special POA is typically more flexible than a general POA. The agent's authority can be limited to specific tasks or transactions, which can be tailored to meet the specific needs of the principal. In contrast, a general POA gives the agent broad powers, which may not be necessary or appropriate for all situations.
• Control: A special POA allows the principal to maintain greater control over their affairs than a general POA. The principal can limit the agent's authority to specific tasks or transactions, and can revoke the POA once the task or transaction is completed. In contrast, a general POA grants the agent broad powers, which may be difficult for the principal to control or revoke.

Benefits

• Convenience: A POA can allow the agent to take care of important matters on behalf of the principal, without the need for the principal to be physically present.
• Flexibility: A POA can be tailored to meet the specific needs of the principal, giving the agent only the powers necessary to complete the task at hand.
• Continuity: A POA can ensure that important matters are taken care of even if the principal becomes incapacitated or unavailable.

Applicable Law

In India, the law governing POAs is the Power of Attorney Act, 1882. According to the act, a POA can only be granted in writing, and it must be signed by the principal and witnessed by at least two witnesses. The POA should also be stamped as per the Indian Stamp Act, 1899.

Required Documents

• : The original POA document, duly signed by the principal and attested by two witnesses.
• : Identity proof of the principal, such as Aadhaar card, passport, or driving licence.
• : Identity proof of the agent, such as Aadhaar card, passport, or driving licence.
• : Two passport-sized photographs of the principal and the agent.

Registration process

To register a POA in India, the following steps are generally followed:

Why approach LAWYASA?

• Expertise: Lawyasa has a team of experienced lawyers who specialize in various fields of law, including family law, property law, and corporate law. We can provide you with expert legal advice and guidance on your specific legal issue.
• Convenience: Lawyasa is an online legal platform, which means that you can access their services from anywhere, at any time. You can consult with our lawyers, get legal documents prepared, and even file a case in court, all from the comfort of your own home.
• Cost-effective: Lawyasa offers cost-effective legal services, which can save you a lot of money compared to traditional law firms. We offer transparent pricing, so you know exactly how much you will be paying for their services upfront.
• Customised solutions: Lawyasa provides customised legal solutions tailored to your specific needs. We take the time to understand your legal issue and provide you with the best possible legal advice and representation.
• Customer support: Lawyasa provides excellent customer support. Our team is available to assist you with any questions or concerns you may have, and we keep you informed throughout the entire legal process.

How can LAWYASA assist?

Lawyasa can assist you in drafting and delivering a power of attorney (POA) by providing you with access to experienced lawyers who can guide you through the entire process. Here's how it works:

• Consultation: You can schedule a consultation with a lawyer through Lawyasa's website or mobile app. During the consultation, the lawyer will ask you about your specific needs and circumstances, and will explain the different types of POAs available and which one would be most suitable for you.
• Drafting: Once you have decided on the type of POA you need, the lawyer will draft the document for you. The lawyer will ensure that the POA complies with all the legal requirements and is tailored to meet your specific needs.
• Review and Signing: The lawyer will review the POA with you to ensure that you understand the document and its implications. Once you are satisfied, you can sign the POA in the presence of a notary public or another authorised witness.
• Delivery: Once the POA is signed and notarized, the lawyer can help you deliver the document to the appropriate parties, such as banks, government agencies, or other third parties.

Frequently Asked Questions