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General Power Attorney

General Power Attorney

GPA / SPA

General Power Attorney | Special Power Attorney

A power of attorney (POA) or letter of attorney is a written authorization to represent or act on another's behalf in private affairs, business, or some other legal matter. The person authorizing the other to act is the principal, grantor, or donor (of the power). The one authorized to act is the agent or, in some common law jurisdictions, the attorney-in-fact.

Power of Attorney in simpler terms is giving an authorised agent some authority for performance of actions as a representor on behalf of the person who makes the power attorney or Principle. It is a legal instrument conferring rights to an agent to perform actions authorized; it could be for legal affairs, business purposes or private affairs.

POWER OF ATTORNEY ACT, 1882

Section 1A of the Power of Attorney Act, 1882 defines it as any instrument empowering a specified person to act for and in the name of the person executing it. The main roots of the concept derive from the Law of Agency in the Indian Contract Act, 1872. A power of Attorney is an authority or designation of powers for a limited time and a limited reason given by a written formal legal instrument.

Key Roles

  • Principal/Grantor/Donor - The person who assigns the power to the other person to act on his behalf.
  • Attorney/Agent/Donee - The person to whom the power is assigned.

Note: The statute that governs the diversities of Power of attorney is "POWER OF ATTORNEY ACT, 1882" which applies to whole of India except the state of Jammu and Kashmir.

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