Power of Attorney

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What is a Power of Attorney?

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FAQ

1. What is a Power of Attorney?

It is a legal document executed by one or more persons giving an authority to one or more persons to act on his/ her behalf. It is governed by the Powers of Attorney Act, 1888. The person giving the authority is called principle and the person receiving the authority is refer as ‘attorney-in-fact’ or the agent. An agent acting under a power of attorney always acts in the name of his principal. Any document executed or thing done by an agent on the strength of power of attorney is as effective as if executed or done in the name of principal. Any act done by agent construed as having done by the principal himself.

2. Who can use the Power of Attorney?

A person who is 18 years of age or above and of sound mind can use the Power of Attorney as a Principal, or as a Witness, or as an Agent.

3. What are the different types of Power of Attorney?

A. General Power of Attorney: This power of attorney delegates unlimited authority to another person for them to act on your behalf. B. Specific Power of Attorney: This power of attorney delegates limited authority to another person for them to act on your behalf.

4. Do I need to have my signature witnessed on a Power of Attorney?

The requirements of a Power of Attorney vary from state to state, but typically it must be signed by the Principal and needs to be witnessed before notary public.

5. How can I cancel or revoke a Power of Attorney?

Revocation means recalling or cancelling the authority you have given to the other person. It can be revoked at any time for whatsoever reason you wish. You must do it in writing and give a copy of the revocation to any interested third party such as a bank or financial institution whom you or your Agent have business.

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