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Power of Attorney, or POA, is a legal instrument that authorizes an attorney-in-charge or legal agent to act on behalf of the principal. The Attorney in charge has extensive or restricted power to act on the principal's behalf.

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What is a Power of Attorney?

When the originator dies, revokes it, or it is declared unlawful by a court of law, the power of Attorney expires. A POA also expires when the author divorces a spouse entrusted with a power of Attorney or when an agent is unable to carry out the defined obligations.

Types of Power of Attorney

General Power of Attorney (GPA)

A person can provide another person a complete general right to act lawfully concerning his property, bank accounts, tax payments, or registration work to sue the third party, among other things.

Either you may provide general authority to any category, such as only real estate matters, or you can give general power to every one of your properties, banking transactions, tax affairs, registration, legal conflicts, and so forth.

Special Power of Attorney

The other form of power provided is a special power, which means it is granted for something with a specific goal. The special power of Attorney is terminated after the actual act is done.

This can be used in a variety of cases, such as when someone needs to attend to the registration of a property.

Non-durable Power of Attorney

The non-durable power of attorney is used only as a one-time measure, generally for specific transactions in which the agent is given the authority to act on behalf of the principal. The non-durable power of Attorney expires after the transaction is completed.

Durable Power of Attorney

A durable power of attorney is far more comprehensive than a non-durable Power of Attorney, and it is frequently used to allow an agent to manage all of the principal’s affairs.

It doesn’t have a basic group measure, and it takes effect instantly if the principal is incapacitated. It does, however, expire when the principal passes away.

Important Clauses to be mentioned in Power of Attorney

  • The individual assigned the facility of Attorney’s name, age, residence, and employment.
  • The individual to whom such authority has been delegated.
  • The date and location of the power of attorney deed’s creation, as well as the day on which it goes into effect.
  • If the power of Attorney is limited in time, the date on which it expires.
  • If no precise period is given, state whether or not the items are long-lasting.
  • The legislation that must be followed by the agent, as well as the time limit within which such an act must be completed, must be explicitly stated in the special power of the Attorney.
  • When general authority is granted, all of the acts that the principal authorizes the Attorney to seek and accomplish must be specified.
  • If the donor desires for a certain action to be avoided, that action must be named.

The function of a Power of Attorney

The principal has the option of downloading or purchasing POA templates. The principal should guarantee that they are from the state in which they will be used. Before the POA procedure can commence, the POA paperwork must be verified.

Finding a family law attorney in the principal’s home state is the best approach to begin the process. If the accompanying legal bills are too much for the principal to bear, he or she might go to a legal services office.

Alternatively, the principal might contact a legal aid through the Legal Services Corporation website.