General Power of Attorney

The Power of Attorney is a document used by a person to plan their future and decide who will take decisions on their behalf to manage their affairs in their absence or inability to act.

The person giving authority under a Power of Attorney is called the "Principal" and the person acting on behalf of the Principal is called the "Attorney".

This Power of Attorney cannot be used to manage immovable properties. A separate Power of Attorney, Property can be used in case the Attorney is only entrusted to deal with the immovable properties of the Principal.

The General Power of Attorney covers the following major areas:

• Business operations: the Attorney can be entrusted with managing the businesses of the Principal including setting up, management, and closure of business ventures.
• Partnership: setting up, management, dissolution and so on of the partnership firm in which the Principal is a partner.
• Company: incorporation, management, documentation, representation, closure, and so on of the companies with which the Principal is involved.
• Investments: to deal in the stocks, debentures, provident funds and so on of the Principal.
• Banking: to open, operate, transact, close down, bank accounts and do other relevant transactions.
• Loan: to apply for, manage, transfer, settle the loan accounts and other borrowings on behalf of the Principal.
• Insurance: to join, renew, claim, and transfer insurance on behalf of the Principal.
• Representation: represent the Principal in front of various authorities as a part of personal issues or concerning the businesses.
• Legal: to appoint solicitors to initiate legal proceedings in competent forums or courts, settlement of cases, etc. on behalf of the Principal.
• Sub-Attorney: appoint sub attorney or agents in case the main Attorney is unable to or unwilling to act on the basis of the Power of Attorney.

A Power of Attorney is most frequently used in the event of a Principal's temporary or permanent illness or disability or when the Principal is unable to be present to sign necessary documents.

How to use this document?

The power of Attorney can be used by any individual above the age of 18 years and who is competent to enter into a contract. In the case of a minor, only the guardian of such minor can enter into a Power of Attorney. In case the Principal is located in India, the Power of Attorney needs to be Notarized in India along with two witnesses and in case the person living abroad the document needs to be executed before the respective embassy officer of that particular country.

The Power of Attorney can be either created for an indefinite period and continue even if the Principal gets incapacitated (unable to make decisions due to mental or physical incapacity) or for a period till the Principal gets incapacitated or for a fixed period mentioned under the Power of Attorney itself.

The Power of Attorney gets revoked in case of the death of the Principal, invalidation of the document by a court, Attorney unable to do the duties, incapacitation of the Principal, revocation in writing by either party and so on. Usually, the Principal issues the Power of Attorney during the period of his/her lifetime. But the Principal can specifically mention in the Power of Attorney if the document exists beyond the death, incapacitation, or bankruptcy of the Principal.

Even the irrevocable Power of Attorney can be revoked in certain situations like the Attorney's incapacity to do the duties under the document, Attorney not acting in the best interest of the Principal and so on.

The Attorney can be either an individual or an entity. Any person/entity eligible to enter into a contract can be an Attorney. There is no limit to the number of attorneys appointed under a Power of Attorney.

Sub-Attorneys can be appointed to do the duties in the absence or incapacity of the main Attorneys. The details of such sub-attorneys can also be included under this document. They only get the power to act when the main attorney is unable to do his duties as mentioned under this document.

Applicable law

The general rules of the Powers of Attorney Act, 1882 will be applicable here.

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