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    What is the power of attorney?


    A power of attorney is a legal document by virtue of which a person (principal) delegates power to another person (agent) to perform certain functions in relation to matters of property, tax, health, judicial proceedings, etc. This power authorizes the other person to perform such functions when the principal is unable to look after those matters due to reasons such as being out of town, growing old, being sick, incapacitated, etc. 

    The one who delegates the power of attorney is called the principal or grantor while the person to whom the power gets delegated is termed as attorney or agent.

    A will and POA seem to be similar but the difference between the two is that a will becomes effective when the person dies but a POA is only valid till the person lives. 


    Why do you need a power of attorney?


    The legal document of power of attorney transfers the power to manage certain or general affairs of the principal to the agent.

    When the principal is unable to manage certain affairs, he can get them done with the help of an agent appointed under the POA. This helps in keeping the work up to date by transferring the work into the hands of a trusted person which is the agent. The POA serves as a great option for NRIs. Since it is inconvenient for them to make physical appearances in India to deal with real estate, health, financial or legal matters, appointing an agent under power of attorney turns out to be really helpful. An agent must therefore be a trustworthy person and has to keep an accurate record of all the transactions done on the principal’s behalf.

    To Obtain Power Of Attorney

    • Drafting

      • Drafting the power of attorney with the assistance of a documentation lawyer hired from the lawtendo platform.

    • Submission

      • Submitting the power of attorney and all the required documents to the sub registrar who has jurisdiction over the area where principle resides

    • Verification

      • Attesting the drafted power of attorney and two witnesses before the registrar

    Estimate Time Required

    It depends upon the time taken in the drafting of the POA. Once that is done, as soon as you follow the registration process, you get your POA registered within a few hours.

    Documents Required for Power of Attorney

    1. Identification proof of the parties (such as Aadhar card, voter ID card, PAN card, Driving license, etc). 

    2. Witnesses should also bring their identification proof.

    3. Address proof of principal and agent(s)

    4. Passport-sized photographs of the parties.

    5. Electricity bill/index bill/tax receipt of the property (If POA concerns some property)

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    FAQ

    A power of attorney is a legal document by virtue of which a person (principal) delegates power to another person (agent) to perform certain functions in relation to matters of property, tax, health, judicial proceedings, etc. This power authorizes the other person to perform such functions when the principal is unable to look after those matters due to reasons such as being out of town, growing old, being sick, incapacitated, etc. The one who delegates the power of attorney is called the principal or grantor while the person to whom the power gets delegated is termed as attorney or agent.
    General power of attorney, special power of attorney, durable power of attorney, and non-durable power of attorney are the four types of power of attorney. General power of attorney- A general power of attorney confers a wide range of powers and the agent performs various functions. The principal can authorize the agent to sell, rent, buy, open bank accounts, manage healthcare, attend court proceedings, manage finances and other similar things. Special power of attorney- This confers only specific or special power to the agent and the agent is bound to deal with limited matters only. An example of such POA could be the authority to sell or purchase a piece of real estate property. Durable power of attorney and Non-durable power of attorney- Usually a power of attorney ceases to operate when the principle becomes incapacitated and such POA is termed as a non-durable Power of attorney. Conversely, if it is operational even after incapacitation, then it is a durable POA.
    A power of attorney transfers the power to manage certain or general affairs of the principal to the agent. It is basically a delegation of power to perform certain functions, on behalf to the principal as his/her agent. An agent must therefore be a trustworthy person and has to keep an accurate record of all the transactions done on principal’s behalf.
    The relationship between the principal and agent is a fiduciary relationship. The agent is legally required to act in the best interest of the principal. He has to perform functions as listed and described in the POA Deed. If the agent violates the terms or acts beyond the powers conferred, he can be liable for criminal charges or a civil suit can also be instituted against him. It is highly recommended that the POA should be notarized in the presence of 2 witnesses. In case the purpose of making POA involves an immovable property, it is compulsory to get the deed registered in the sub-registrar’ office which has the jurisdiction. The POA can be revoked when the purpose for which it was created gets fulfilled or due to lack of trust or non-performance by the agent. This can be done by executing a deed known as the revocation of power of attorney deed.
    When the principal is unable to manage certain affairs, he can get those managed with the help of an agent appointed under POA. This helps in keeping the work up to date by transferring the power to handle the work into the hands of a trusted person which is the agent. The POA is a great option for NRIs. Since it is inconvenient for them to make physical appearances in India to deal with real estate, health, financial or legal matters, appointing an agent under POA turns out to be really helpful.

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