How To Get General Power Of Attorney In India?

How To Get General Power Of Attorney In India?

Outline

Overview

General power of attorney (POA) is a written instrument that empowers a person, known as an attorney, to act as an agent of the person granting the power, known as the donor. It enables the attorney to carry out specified tasks or activities on behalf of the donor, either for an indefinite period of time or for a specified period of time. The POA is a valuable legal document in India because it enables individuals to manage their affairs in the event that they are unable to do so themselves.

Reason for General POA

A general POA is a way for individuals to grant authority to someone to act in their best interests in a variety of contexts. This could include managing financial matters, making medical decisions, or even settling legal disputes. In India, the general POA has become increasingly popular as a way to remove stress and burden in times when an individual may not be able to handle their own affairs due to illness, disability, or even death.

Types of General POA

In India, there are two main types of general POA: an ordinary POA and an irrevocable POA. An ordinary POA is a document that can be revoked by the donor at any time. An irrevocable POA is a document that can only be revoked by the donor in certain circumstances, such as death.

Appointment of Attorney

In order to grant a general POA to an attorney, the donor must appoint the attorney in writing. The writing should include the donor’s name and address, the attorney’s name and address, and a clear statement of the powers being granted. The donor must sign the writing and have it witnessed by two people. The witnesses should also sign the writing.

Registration of General POA

A general POA does not need to be registered with the government. However, if it is to be used for the sale or transfer of property, it must be registered with the relevant property registry office.

Revocation of General POA

A general POA can be revoked by the donor at any time. The revocation must be in writing and witnessed by two people. The revocation must be served on the attorney, who is then required to surrender all copies of the POA to the donor.

Advantages of General POA

There are several advantages to having a general POA in India:

  • It allows an individual to manage their affairs in case of illness, disability, or death.
  • It allows an individual to appoint someone to act on their behalf in the event that they are unable to do so themselves.
  • It allows an individual to protect their assets and interests in case of illness, disability, or death.
  • It eliminates the need for court proceedings should the individual become incapacitated.
  • It eliminates the need for court proceedings in case of death.
  • It eliminates the need for court proceedings in the event of a dispute between the donor and attorney.
  • It allows an individual to appoint someone to manage their financial affairs.
  • It allows an individual to appoint someone to make medical decisions on their behalf.
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