A power of attorney (POA) is a legal document that allows an individual to act on behalf of another. The power to act on behalf of someone is elaborated under the Power of Attorney Act 1882. The POA is granted for several reasons, such as the person being abroad, being indisposed, ill, etc. Thus, granting the POA is an easier choice as another person will take care of all your duties and responsibilities without burdening you. The person who grants authority is known as the donor. There are many types of POAs such as: –
General POA
Specific POA
Deed of revocation of POA
Durable POA
Non-durable POA
Our lawyers will hear your requirements and advise accordingly as to which POA is suitable. Ideally, a POA is granted to someone who is in the position of trust and knows about your requirements. It guides them to act towards your wishes. A POA can be drafted by legal experts who will enumerate the specific nature of your requirements. Abhinav Suresh Advocate CA is one such organisation that will handle it for you.
Takes the burden of decision making off your shoulders
Shows another point of view in decision making
Gives an opportunity for stakeholders to be more opinionated
The intent of the donor is not questioned
Reduces unnecessary hassle when it comes to doing the legal and financial procedures
Gives peace of mind to the donor.
Step 1 : Reach out to our expert lawyers who will draft a suitable POA for you
Step 2 : Our legal experts will ask you generic questions and go through your requirements
Step 3 : The details will be enumerated by the lawyer and a POA will be drafted
Step 4 : The POA has to be then signed in the presence of two witnesses (witness signature is also required)
Step 5 : The POA is to be signed by a legal notary
Step 6 : Stamp duty is also to be paid. It varies according to the nature of the POA.
Name and details of the partie
Powers that are being handed over to the designated perso
Validity of the POA
Signature of the donor.
There are many legal clauses and terms that make a POA. It is very important that such terms are included in the document as they elaborate the rights and duties of the authorised person. A poorly drafted POA can make things difficult for the donor as the authorised person can use it to their advantage. Thus, it is important that a POA is made in such a way that the donor’s requirements are fulfilled.
A POA has to be factually and legally correct. It is thus prudent that a POA is drafted with the help of legal experts who are experienced in this area
Abhinav Suresh Advocate CA has legal experts who are aware of the procedure and legal requirements
We will ensure that all information and key details are included
We also allow two iterations at no extra cost. Our service is client-centred, reliable and ethical.
Can a POA be misused by the authorised agent?
There are instances where a poorly drafted POA is misused, it is thus necessary that the POA is legally correct. It is also advised that the authorised agent is a trusted friend, family member or colleague.
What is the law governing POA in India?
The Power of Attorney Act is the sole law that governs POA in India. Further, certain provisions of the Indian Stamp Act, Indian Registration Act, Civil Procedure Code and Indian Evidence Act mention POA.
Is it compulsory to draft a POA through a lawyer?
No, but is advised that a lawyer should be hired to prepare a POA to avoid any disputes.