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POWER OF ATTORNEY

WHAT IS POWER OF ATTORNEY?

A Power of Attorney is a written authorization to act for another person

in specified legal or financial matters. A Power of Attorney can end for a number of reasons including when the principal dies, or when a court invalidates it.


In simple terms, Power of Attorney is to delegate one’s rights to

another person. It is used generally when the real person can’t act

upon a matter directly.

OUR SERVICES :

Our experienced professionals will draft whichever document you need, tailored to your business requirements. We offer every client  a free consultation call to

thoroughly discuss their requirements and clarify any doubts they may have after which a customized document is drafted, according to every client’s specific needs.

Let us draft Power of Attorney for you, personalized and customized according to your specific needs.

BENEFITS

01

Provides the ability to choose who will make decisions on behalf of that person.

02

Helps avoid the necessity

of guardianship.

03

It’s not mandatory for the real person to be present, the one delegating the authority.

04

Authorizes agents to perform, plan and transact on behalf of the principal.

TYPES OF POWER OF ATTORNEY

1. General Power of Attorney:

A general Power of Attorney gives a person’s power or right to the agent to act on behalf, making any financial, business, real estate or legal decisions that would be an agent’s responsibility. For instance, managing banking
transactions, buying and selling properties, paying bills, and entering into contracts.


2. Durable Power of Attorney: 

A durable Power of Attorney can be conferred if the principal becomes mentally incapable. The trusted person or the agent then would be able to handle that person’s affairs. For instance, if a person falls into a coma, the trusted
person will retain the authority to make decisions on his behalf.

3. Non-Durable Power of Attorney:

A non-durable Power of Attorney is used only for a set period of time and usually for a particular transaction in which a person grants an agent the authority to act on his behalf. Once the transaction is complete, or when the principal become incapacitated, the non-durable Power of Attorney becomes invalid.


4. Special or limited Power of Attorney 

This type of Power of Attorney has limited use i.e. for one-time financial or banking transactions, or for the sale

of  a particular property. This type is used when the principal is unable to complete the transaction due to prior commitments or illness and wishes to assign an agent to act on their behalf. The agent doesn’t have any other

right to act on behalf of the principal other than what is assigned to them in the limited Power of Attorney.

Documents required for

Power of Attorney:

  • Aadhar Card

  • Voter ID Card

ESSENTIAL ELEMENTS OF POWER OF ATTORNEY 

Soundness of Mind

A person should be of sound mind who

is signing the Power of Attorney.

Witnesses

The Power of Attorney is signed and acknowledged before a notary public
or is signed by two witnesses.

REVOCATION OF POWER OF ATTORNEY

Power of attorney can be revoked by the following actions:

 

  • The principal dies or become insane or goes bankrupt

  • Revoked by the principal himself

  • The agent has completed the task for which he was appointed

  • Mutually agreed revocation, by the principal and the agent

  • Rights renounced by the agent under Power of Attorney

FAQ's

Q

A

What is a Power of Attorney?
A Power of Attorney delegates one’s right to another person. Principal is the person who
signs the Power of Attorney and Agent is the person who is delegated with the rights.

Q

Is Registration of Power of Attorney Mandatory?

A

It is not necessary to register a Power of Attorney unless it involves transfer of
property/rights/titles etc.

Q

How to make Power of Attorney legally valid?

A

To make a Power of Attorney legally valid, it needs to be signed by both the principal
and attorney along with 2 witnesses.

Q

A

Who has the authority to notarize a Power of Attorney?
A notary public has the authority to notarize a Power of Attorney.

Q

A

If a witness to a Power of Attorney dies, does it become invalid?
No. The subsequent death of a witness does not affect the validity of a Power of Attorney.
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