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POWER OF ATTORNEY

A Power of Attorney (POA) is a document that allows an individual to appoint a person or an organization to manage his/her affairs if he becomes unable to do so. The person delegating authority under the POA is called the principal and the person to whom authority is being delegated is called the agent. This establishes a Principal-Agent relationship between the two persons which is primarily governed by trust. A power of attorney document is an extremely important part of estate planning. It is considered expedient and necessary to have someone else act for you when there is an advancement in the business and commerce transactions.

Important Facts
  • A Power of Attorney that has not been executed correctly holds no value.
  • A POA needs to be authenticated by a notary public certifying the mental soundness of the principal at the time of signing.
  • It is not compulsory to register a POA in India. However, it is advisable as getting a POA registered adds to its legal value. However, it compulsory to get a POA registered if it relates to transfer of immovable property.
Types
  • General Power of Attorney (GPA) – Under this vast powers are allowed to the agent to act on behalf of the principal. This type of POA can be useful to an individual when he is not in the country, or he is mentally incapable of taking care of himself and his affairs.
  • Healthcare Power of Attorney – This document enables the principal to nominate an individual who can make healthcare decisions concerning him when the principal himself is unable to do so. The decisions to be taken range from medical care and place of living to the food that the principal eats.
  • Financial Power of Attorney – This kind of Power of Attorney gives an agent the right to make financial decisions for the principal when he/she is either not present, or is unable to do so due to physical or mental incapability. Paying bills, making investment decisions, paying for healthcare and housing are some activities that require decision making under the Financial Power of Attorney.
  • Special Power of Attorney – Specific powers are allowed to the agent by signing on this type of POA. If the principal does not wish to allow the agent to enjoy a wide spectrum of powers and requires to delegate authority only in respect of a particular task, he can do so by executing a Special Power of Attorney (SPA). The validity of an SPA comes to an end as soon as the task(s) specified in it are completed.
  • Durable Power of Attorney – If the principal happens to become mentally unsound due to some reason while there is a POA in effect, he/she can sign a Durable Power of Attorney to ensure its validity or to avoid any kind of trouble later.
Execution Purpose

The list states herein is only an illustration under which the POA may be executed:

  • Execution of sale deed
  • presenting documents before registering authorities
  • conducting/ representing in court/Tribunals/any other legal proceeding before any public authority
  • conducting businesses
  • to receive Rent, etc.
Registration of POA

A POA is a document within the meaning of section 17 of the Indian Registration Act 1908, which provides certain kinds of documents must be registered before the competent registrar to get its validity and sanctity in the eyes of law. Therefore, all POA which falls within the subject of section 17 of Indian Registration Act 1908 would required to be registered failing which they are not valid.

Granted Power Duration

A general power of Attorney remains in force unless expressly revoked or determined by the death of either of the Party. A special power of attorney will be in force until the specified act is not completed. Duration of the power, will depend upon the type of the attorney or there may be a fixed period of power granted by the principal which must be included in the deed.

How We Can Help You With Power of Attorneys

Detailed and systematic advice is always required for entering into such agreements and is vital to protect the rights. We know that NRIs have the right to buy commercial or residential property in India. There is no limit to the property they can buy. However they can’t buy agricultural land or farm houses or even plantations – neither can they accept be gifted these. But they can acquire the latter in inheritance.

There are various aspects that need to be comprehended and adhered to, as far as property issues are concerned. It is imperative therefore that they have full knowledge and assistance on this issue and understand how to remain protected from any harassment and that’s where Rai & Associates come to help. However, overseas citizens don’t always find it easy to travel back and forth to sort out such issues hence the importance of the Power of Attorney in India.

Our Power of Attorneys Lawyer experience benefits you in several key areas. We:

  • Help you draft a Power of Attorney for your specific need.
  • Help you challenge a POA that was made under threat or force or was forged.
  • Help you identify what all to mention i Power Of Attorney and what all rights need to be assigned under what Terms and Conditions.

Power of Attorney Lawyer Experience & Responsiveness that Makes a Difference. Our Attorney Pledge:

  • 100% focused on processing your documentation and case quickly & successfully.
  • Strong lawyer experience in drafting a Power of Attorney & deep knowledge of legal aspects in India.
  • Best in class service and a commitment to open, responsive communication.
  • Outstanding level of POA writing service at an affordable FLAT rate.
  • To discuss your case query: (415)-693-9131 or Mail Us.

Something very important you may want to know

Frequently Asked Questions

  1. 1
    Does a Power of Attorney require attestation by witnesses?

    Yes, every Power of Attorney needs to be attested by two or more independent witnesses who are adults of sound mind. Any major can sign as a witness, but it must be mentioned at this point that the witness has signed in his / her individual capacity.

  2. 2
    Can a company grant Power of Attorney?

    Yes, a company happens to be a legal person and is very much capable of granting Power of Attorney provided it is so authorized by its Memorandum and Articles of Association.

  3. 3
    Is Notarization necessary for PoA?

    No, Signature of the executants and the Attorney can be attested either by a Judicial Magistrate or a Notary Public; but notarization is always easier process and people go for the same.

  4. 4
    Is Registration necessary for PoA?

    Requirement of registration of Power of Attorney deed is very limited. All PoAs (GPA or SPA) are not required to be registered under Registration Act-1908. However, the PoA providing power for transfer of immovable properties would require registration under Registration Act-1908. Section 17 of the said Act deals with the document of which registration is compulsory and Section 18 deals with such documents where it is optional.

  5. 5
    Is a Durable Power of Attorney an alternative to a guardianship?

    A Durable Power of Attorney is an alternative to guardianship only if it is given before you become mentally incapacitated. To give a Power of Attorney, you must have the mental capacity to understand what you are doing. Once you have lost that capacity, it is too late for you to give a Power of Attorney. At that point, a court will have to appoint a guardian or conservator for you, if there is a need.

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