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Power of Attorney

Courtesy/By: Christina Roy Mondal | 2021-01-27 16:48     Views : 266

In today's world where people are getting busier and busier with their work and drowning in the work load, Power of Attorney is proving to be an efficient option for the people. According to Blacks dictionary, it is described as an Instrument by which a person is authorised to act as an agent of the person or grantor granting it. Strouds Judicial Dictionary describes it as an authorty whereby one is set in place of another to act for him. In simple words, Power of Attorney is a written document authorizing a person or an organisation to handle or deal with private affairs , business, deeds, medical affairs, properties or some legal matters on behalf of the person providing the power. 

The person authorizing the power or the person who is offering is referred to as a Principal, Grantor or Donor. And the person or the organisation to whom the power is assigned is referred to as Agent, Attorney and also Attorney in-fact in some Common law jurisdiction.

The requirements of the power of Attorney includes:

Capacity of the Grantor and the Agent: Both the sides, namely the Grantor and the Agent should be mentally competent and mentally stable and is able to give proper consent. And there should be a proper consent given.

Oral or written: The Power of Attorny should be executed mainly in written manner but it can also be executed orally with required number of witnesses.

Equality dignity rule: The Agent under the power of Attorney must have in writing his or her authority to enter into contract, specially those contracts that are required to be in writing.

Execution: For an execution of a Power of Attorney into a legally enforceable document , it needs to be signed and dated by the Principle. If the attorney is being paid on behalf of the Principal or the Grantor, then the Contract for payment should be different from the document granting Power of Attorney.

Types of Power of Attorney:

There are three types of Power of Attorney namely Special or Limited , General and Temporary.

Special Power of Attorney: It is limited to specific act or type of act and certain kind of matter.

General Power of Attorney: It is the one that allows to make all personal and business decisions and also allows the Principal to carry to all legal acts without restrictions.

Temporary Power of Attorney: It is only for a limited time frame.

 

This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being. Further, despite all efforts that have been made to ensure the accuracy and correctness of the information published, White Code Legal and Tax shall not be responsible for any errors caused due to human error or otherwise.

Courtesy/By: Christina Roy Mondal | 2021-01-27 16:48