There are two kinds of power of attorney - general and special. This article breaks down the difference between the two types of attorney.
Power of Attorney Meaning
A power of attorney (POA) is a legal document that grants someone else the authority to act on your behalf in legal, financial, or medical matters. This appointed individual, known as the attorney-in-fact or agent, can make decisions, sign documents, or manage affairs as outlined in the POA. This document is crucial for situations where you may be unable to make decisions due to illness, absence, or other circumstances, ensuring your interests are represented according to your wishes.
What Is the General Power of Attorney?
- A General Power of Attorney is a Legal notice that gives someone the power to make decisions on your behalf when you are not able to do so for yourself. This type of power of attorney can be used in a variety of situations, such as if you are unable to travel if you are a minor, or if you are incapacitated
- If you want to create a General Power of Attorney, there are a few things that you need to know. First, you will need to gather all of the documentation needed to support your claim, including copies of your ID, proof of residence, and any other documents that will help prove your identity and authority. Once you have this information, you can start the process by filling out a form called an ‘Application for Grant of General Power of Attorney.’ The application must be filed with the appropriate government office, and it may take some time for them to process it
- Once your application has been processed, you will need to provide documentation verifying that you have given the power of attorney to the person you choose. This documentation can include letters from your doctor or lawyer confirming that you are incapacitated or unable to make decisions for yourself, as well as copies of any important documents or affidavits.
What Is a Special Power of Attorney?
A special power of attorney is an instrument that allows one person to act on behalf of another in a legal or financial matter. The person who grants the power of attorney must be trustworthy and have the authority to make decisions on behalf of the person who is granting the power. A General Power Of Attorney is a document that allows someone to act on behalf of another person in a legal or financial matter. The document does not require trust, but it does require authority from the person who is granting the power.
Difference Between Special and General Power of Attorney
| Point of Difference | Special Power of Attorney | General Power of Attorney |
| Scope of Authority | Limited to specific actions or transactions. | Broad and comprehensive authority for various purposes. |
| Purpose | Typically used for a specific and well-defined purpose. | Used for a range of general or unspecified activities. |
| Duration | Often has a specified timeframe or is event-specific. | Can be enduring, lasting until revoked or the principal’s incapacity. |
| Specific Actions | Grants authority for a particular transaction or action. | Grants broader authority without specific limitations. |
| Applicability | Applied when the principal wants someone to act on their behalf for a specific matter. | Useful for situations where the principal wants the agent to handle multiple affairs. |
| Examples | Buying or selling property, legal proceedings, financial transactions. | Managing financial affairs, business transactions, real estate dealings. |
| Customization | Can be tailored to meet the specific needs of a particular transaction. | May cover a wide range of activities, providing flexibility. |
| Revocation | Typically revoked automatically after the specified task is completed. | Revoked when the principal dies, becomes incapacitated, or when the principal explicitly revokes it. |
| Common Use Cases | Real estate transactions, legal matters, business deals. | Long-term financial management, business operations. |
Why Does One Need a Power of Attorney?
Power of attorney is a legal document that allows one person to authorise another person to act on their behalf in certain situations. This can be helpful if you are unable to make decisions for yourself, or if you have a physical or mental incapacity that prevents you from acting on your own behalf. Power of attorney can be general or special. A general power of attorney allows someone to do anything that is not expressly prohibited by law. A special power of attorney, on the other hand, is specifically tailored to deal with a particular matter. For example, a power of attorney to deal with finances might allow the person granting the power to withdraw money from their account, while a power of attorney to deal with healthcare would allow the person granting the power to make medical decisions on their behalf. There are several reasons why you might need a power of attorney. If you are unable to make decisions for yourself because you are incapacitated, a power of attorney can help you authorise someone else to make decisions on your behalf. Power of attorneys can also be useful if you have business dealings that require access to your assets, or if you need someone else to act as your attorney in a legal proceeding.
Laws for Both Types of POA in India
General Power of Attorney (GPA) is a legal document that gives someone the authority to legally act on your behalf in a certain situation. This can be useful if you are unable to make decisions for yourself, or if you need someone to help manage your finances, property, or other important affairs. Special Power of Attorney (SPA) is a more specific type of GPAs that allows someone appointed by you to act on your behalf in only a few specific situations. This can be helpful if you need someone to handle only one specific task, such as handling your taxes or signing Legal documents.
Both types of GPAs can be created in either India or other places where Indian law applies. However, certain provisions of SPA law may vary depending on where it is created. To create a GPA in India, you will need to locate an attorney who is registered with the state bar association and who is authorized to practice law in India. You will also need to provide the attorney with the completed GPA form, which will include information about the person appointing you and the reason for appointing them.
Conclusion
In India, there are two types of Power of attorney Act: general and special. A general power of attorney lets someone appoint another person to make decisions on his or her behalf if the original owner is unable to do so for any reason. This type of power of attorney is typically given when someone is incapacitated or when he or she doesn’t have enough knowledge about the legal system to make sound decisions for himself or herself. A special power of attorney, on the other hand, allows someone to give specific instructions about his or her finances, health care, and other personal matters to a trusted third party.
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