Power of Attorney is a legal document executed by one or more persons giving an authority to one or more persons to act on his or her behalf. Power of Attorney is governed by the Powers of Attorney Act, 1888. The person giving authority is called the attorney of the party giving the authority. The person receiving powers is called Power of Attorney holder. Normally, there is no requirement for registration of Power-of-Attorney. However, if the Power of Attorney creates an interest in any immovable property, then the Power of Attorney must be registered. Power of Attorney can be authenticated before a Registrar or Sub-Registrar within whose district or sub-district the principal resides and in case a Power of Attorney is executed outside of India, it can be authenticated by a Notary Public or any Court, Judge, Magistrate, Indian Counsel or via Counsel or a representative of the Central Government.

If a General Power of Attorney is conferred to father, mother, brother, sister, wife, husband, son, daughter, grandson, granddaughter or any near relative, without any consideration applicable for registration in some states.

A power of attorney is a legal document that allows a principal to appoint an agent to act for them should they become incapacitated. The agent is expected to place the principal’s interests ahead of his or her own, which is why it is important for you and your loved one to pick a trusted individual. There are multiple types of decisions that the agent can be given the power to make.

Types of power of attorney

Four types of power of attorney, each with its unique purpose:

1. General Power of Attorney. In this situation, the agent can perform almost any act as the principal, such as opening financial accounts and managing personal finances. A general power of attorney arrangement is terminated when the principal becomes incapacitated, revokes the power of attorney or passes away.

2. Special or Limited Power of Attorney. In this instance, the agent has specific powers limited to a certain area. An example is a power of attorney that grants the agent authority to sell a home or other piece of real estate.

3. Durable Power of Attorney. This arrangement designates another person to act on the principal’s behalf and includes a durable clause that maintains the power of attorney after the principal becomes incapacitated.

4. Springing Durable Power of Attorney. In some states, a “springing” power of attorney is available and becomes effective when a specified event occurs such as when the principal becomes incapacitated.