Power of Attorney (POA) Risks & Concerns for NRIs

  • Law CredoLaw Credo
  • 2021-11-29 08:30:24

What actually the power of attorney is?

A Power of Attorney is a written document that allows another person to act on another's behalf. It is a legal document that can be used for personal, legal, and business matters. The person authorizing the act is known as the grantor, while the person being acted on is called the principal or donor. There are several important considerations to consider before signing a Power of Attorney. This article will explain the different types of powers that a person can grant to another.

The agent of a Power of Attorney must be trustworthy. It should have the best interests of the principal and should be able to carry out his or her duties without any problems. The agent must be at least 18 years old and must have the trust of the principal. A good POA agent should have the trust of the principal. The authority of the POA will end when the principal becomes incapacitated. However, in some cases, the agent may have an entirely different perspective than the principal.

A Power of Attorney is not a substitute for a living will. A Power of Attorney must be legally valid and should be notarized. It is very important to have a Power of Attorney that has been legally signed. In the United States, it is important to have a notary public, a notary, and a lawyer. An attorney is someone who is trusted by his or her family, so it is important that the agent be well-qualified.

Types of Power of Attorney:

There are several types of power of attorney.

  1. Ordinary Power of Attorney: The first type is called the ordinary power of attorney. This document only gives an agent the authority to make decisions for a single principal. The other type is known as a durable power of attorney and is intended for people who are incapacitated. The wording of a durable POA is set by the Powers of Attorney Act 1971. The purpose of this document is to provide the agent with the necessary power to make decisions in a person's best interests.
  2. General Power of Attorney: Depending on your situation, you can choose a general or limited power of attorney. A limited power of attorney gives the agent the authority to make financial decisions, such as paying bills, selling property, or handling bank accounts. A general power of attorney is applicable to all types of POAs and is the most common type. A general power of attorney allows the agent to make decisions on the principal's behalf in any matter.
  3. Medical Power of Attorney: The other type of power of attorney is the medical power of attorney. In this case, a primary agent carries out financial tasks, while a secondary agent carries out healthcare decisions. Both types of documents are valid in the same state. When you have more than one child, you can appoint more than one agent. For example, if you have several adult children, you can appoint two agents.

Registration of Power of Attorney:

The process of registration of Power of Attorney Is not difficult. You simply fill out the form online or by visiting a local office, and the process is complete. You can use this document for many purposes, from signing house loan documents to taking possession of the property. There are also certain circumstances in which registration of a POA is compulsory. Here's how to register a power of attorney. Once you've filled out the form, you're ready to register your POA.

You'll need to present documentary proof to register a power of attorney. You can find this certificate in a public library, or you can obtain it from a registered medical practitioner. The power of attorney will grant the agent the ability to sign contracts and make decisions on the principal's behalf. Once the document has been approved, it's time to visit the registrar's office. If you're not sure what documents are required, check out the website's section on comparison of documents and secure verification code.

Depending on the type of power of attorney, you may choose to grant it to a relative or friend. You can also grant a general power of attorney to a person for a consideration, such as property. In both cases, the stamp duty is charged based on the value of the property, and the identifying identifier. Moreover, the registrar must be able to verify the information contained in the document.

Important Clause should be present on Power of Attorney:

In general, the Power of Attorney should mention the names of the parties and the specific task to be performed. In special powers, it must specify the statute is performed. It is also necessary to mention the date of creation and the place of creation. It is advisable to notarize a Power of Attorney. In Indian laws, it is required to pay taxes for all types of power of attorney. However, if the Principal is incapacitated or unable to sign the document, it is necessary to have a notarized version.

One of the most important clauses in a POA is the designation of the agent. A person appointed as an agent will have the authority to make major purchasing decisions for the principal. It is also wise to name the financial agent, who would handle day-to-day affairs. The power of attorney must be signed legally and notarized before it becomes valid. The principal should be able to choose his or her attorney-in-fact.

It is vital to have an Attorney-in-Fact in a power of attorney. In most states, the POA terminates upon the principal's incapacity. In other states, the POA remains in effect until the principal becomes incapacitated. It is advisable to update your power of attorney every few years and to choose someone trustworthy. Even if your adult child is capable of acting as the agent, he or she should be trustworthy and able to handle your finances well.

Major Risks & Concerns of Power of Attorney:

There are several risks to POA, including self-dealing, theft, and legal issues. To protect yourself against these dangers, make sure to appoint trusted individuals to act on your behalf. The agent should report to you regularly and ensure all accounts are properly maintained. A Power of Attorney should be signed only by people you know and trust.

Revoking a Power of Attorney:

It is possible to revoke a Power of Attorney. If a person has the legal capacity to make decisions, it is possible to do so. However, it is important to note that revocation does not necessarily require a specific reason. This could be as simple as second thoughts about an agent. In some cases, the agent may decide not to act on behalf of the principal. If this is the case, they may be held responsible for the actions of the attorney-in-fact.

Revocating a Power of Attorney requires the signature of an owner or a notary public. Then, a letter or affidavit stating the revocation must be sent to the agent under the former power of attorney. The document should be recorded and sent to the financial institutions so that the new agents are informed. After this, the revocation should be recorded in the same manner as the original document.

There are several steps involved in revoking a Power of Attorney. It is important to keep in mind that the original document must contain a reference to the original. Once the power of attorney is revoked, it should be notarized. The new POA should include the name of the previous agent or attorney-in-fact. Then, it is important to notify the interested parties. This procedure is not difficult, but it is painful.

Why the Power of Attorney Should be Durable?

Having a durable POA is especially important if you have multiple children, as it grants more power to the agent. It is not wise to name more than one agent because it can cause disputes, which could result in financial problems for you. You should always choose an agent that you trust and can trust. It is crucial that you choose an agent you can trust. Your loved ones will feel safer knowing that your wishes will be followed when you are incapacitated.


While you're planning to transfer a POA or transferring PoA there are lots of things that you should be taken care of. It is a bitter truth that everywhere you'll find misuse of Power. So, it is very clear that the Power of Attorney also depends on various factors and it is also true that every power of attorney is different from others. So, if you're facing any issue with the registration of power of attorney then I strongly recommend you go with the legal advice to smoothen the whole process.

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