About Power of Attorney

A Power of attorney is an instrument that is used by people to confer authority on somebody else to legally act on their behalf. According to the ‘Section: 1A’ of “Power Of Attorney Act, 1882”, “A ‘Power Of Attorney’ includes any instruments empowering a specified person to act for and in the name of the person executing it”.As many people confuse the power of attorney (POA) with a will (Probate), but these documents are two very different things and have two very different functions. A will comes into effect on the day person die. A POA applies during a person’s lifetime and ceases to apply when he dies. So you actually need both a POA and a will as they complement, and do not overlap, each other.
Classification of Attorney: The Power of Attorney can be classified into two
categories which includes:
i)General Power of Attorney: A general power of attorney is one by which an instrument is executed by the principal authorising the agent to do certain acts in general on his behalf. The word ‘General’ here means that the power must be general regarding the subject matter and not general with regard to powers in respect of a subject matter. If the subject matter is not general but restricted to something either specific or specifically mentioned by the principal while drafting an instrument then it will not constitute a general power of attorney. It is otherwise called as limited power of attorney.
ii)Special Power of Attorney: A special power of attorney is one by which a person is appointed by the principal to do some specified act or acts. In this type of power of attorney, an agent conferred with a power to do specific act in a single or specified transactions in the name of the principal.
iii)Durable Power of Attorney: A Power of Attorney which specifically says otherwise, agent’s power ends if principal become mentally incapacitated. However, a power of attorney may say that it is to remain in effect in the event of future incapacity of the principal. A power of attorney that says this is called a durable power of attorney.

Provides Legal Protection:As per Indian law, a power of attorney is a legal document that has to be properly framed, using the right legal terminology and setting out the objectives and responsibilities that you wish to authorize the appointee to carry out on your behalf. If a person wants to authorize someone to act as a power of attorney on his behalf, it must be signed and notarized by a certified notary advocate, who is able to declare that you are competent at the time of signing the document to issue the said power of attorney. You will need to show your ID to the notary advocate before he/she is able to certify and issue the document. It must be executed and authenticated by the registrar or sub-registrar of assurances as per the ‘Registration Act, 1908’.
Procedure:
A well efficient/competent lawyer from our team shall contact you, and explain you the total process, and will understand the need of Power of Attorney.
Once the objectives of the Power of Attorney are defined, the lawyer shall draft a General Power of Attorney OR Special Power of Attorney as per requirement of case.
The draft of Power of Attorney shall be sent to you, for your review.
Once you approve it, it shall be served to the other party.
The whole process takes around 3-4 working days.