How a Power of attorney is made?

Can I write a power of attorney myself?

“Can I write a power of attorney myself?” People often ask this question on Google.com aka Google Baba. But before answering this question let’s have a bird eye view of the basics of Power of Attorney (POA).

What Is the Power Of Attorney?

A Power of Attorney (POA) is a legal document by which one person gives the right to perform or powers of transacting in matters relating to property, banking, legal and judicial proceedings, tax payments, etc, to another person due to certain reasons like being out of country, or getting old, or not able to look after one’s duties in those matters etc.

A power of Attorney is an authority given by a written formal instrument whereby one person termed the donor or principal authorises another person termed the donee, attorney or agent to act on his behalf.

Principal/Grantor/Donor-  The person who grants the power to the other person to act on his behalf is termed the grantor or principal or donor.

Attorney/Agent/Donee- The person to whom the power is granted is termed the Attorney or agent or donee.

Who Should Use It?

Usually Power of Attorney is created by anyone who cannot do the transactions in person by himself or herself due to various reasons. The following are the reasons that commonly force an individual to give the power of performing to another person.

  • Residing abroad and unable to be present for the task
  • Illness and bedridden
  • Old age or senior citizens with health problems
  • Or any other reason for being unable to conduct the transactions personally

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Difference Between General And Special Power Of Attorney

A General power of Attorney (GPA) is very much different from a Special power of Attorney (SPA). The GPA always confers a general power of performing while the Special power of Attorney confers only a specific power to perform any particular act or task. 

The GPA covers a wide range of powers and is not restricted to any particular work. Hence, it needs to be given only to a very trustworthy person. 

The Special power on the other hand comes to an end once the task or specific act is done and is always work specific. A person can authorise the Attorney to sell, buy, rent out, recover his debts, open bank accounts, close accounts, attend the courts, appear on behalf of the principal in legal matters or file tax returns etc under the General powers. It is not restrictive.

But in Special Power of Attorney, only one act among the above mentioned acts is to be performed. You cannot create a Special power of Attorney for many acts. In that case you have to create separate Special Power of Attorney deeds for each act.

Important Clauses In A Power Of Attorney

While creating a Power of Attorney it is important to include certain mandatory clauses depending upon the type of power of Attorney that is made. Some of the essential clauses that needs to be included in the Power of Attorney deed are as follows:

  1. The name, age, address and occupation of the person who makes the Power of Attorney, the Principal.
  2. The person to whom the power is granted, the Attorney.
  3. The reason for granting the power of Attorney which should be legally valid.
  4. The date and place of making the Power of Attorney deed and the date from which it comes into force.
  5. The date of termination of the power of Attorney if it is limited by time. If no time is specified, mention whether the Power of Attorney is durable or non-durable.
  6. If it is a general power granted then all the acts and areas of granting the power should be mentioned clearly. Whether any particular act is not to be done by the Attorney in certain areas should be specified. For. Eg. If general power for property is granted, the Principal can grant the power to buy or rent any property but may not grant the power to sell any of his property.
  7. In Special power of Attorney the specific or particular act or task that needs to be done and completed by the Attorney is to be clearly mentioned. Also the time limit within which that act is to be done is also to be specified.

Power Of Attorney By Non-Resident Indians (NRI)

An NRI or non-resident Indian can make a Power of Attorney deed even by staying outside India without having to come to India for that purpose. Most NRIs have properties and banking transactions in India which may require their presence while transactions happen. But it is often not possible to come to India for such transactions. For this then NRIs can always give the powers to transact to another person who is either a family member or a friend.

The procedure to be followed by NRIs while making a Power of Attorney deed is simple as follows:

  1. Draft the Power of Attorney for NRIs, print on a plain paper and sign it.
  2. Go to the Indian Embassy or Consulate in that country and get it stamped and sealed from the embassy. Alternatively, you can get it notarized by a Public Notary in that country mentioning the notary registration number on the seal on each page of the document.
  3. Send the attested deed by registered post to your Indian address in the name of any relative or friend.
  4. The person in India should get it registered in India at a Sub-Registrar office or Sub-Divisional Magistrate office by paying the appropriate registration charges applicable in that state.

How To Prepare Power Of Attorney Online

Now here is the answer to your question “Can i write a power of attorney myself”.

If you want to make a  Power of Attorney deed online you can do it easily sitting in your home and in a minimum cost. If you want to do it on eSahayak.io, here is what you need to do:

  1. Click here, answer few simple questions and your POA will be generated automatically
  2. Print the document and register it

So simple! No hassles of finding a lawyer, no time waste, no tensions of finding the right clauses to include in the document  and everything done so fast within a few minutes. That is the best part about making an online document with eSahayak.

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Can I write a special power of attorney myself?

A special power of attorney is a written authorization granting another person or professional—also known as an “agent” or “attorney-in-fact”—the authority to act on your behalf under certain circumstances. 

The most common reason a person establishes a power of attorney is for financial or health matters.

Granting someone a power of authority does not take away your ability to make decisions for yourself. In fact, if you and your agent disagree on a decision, you have the final say. 

Consider seeking legal guidance to help you save time in this process, or follow these steps to write a special power of attorney on your own.

1. Draft a list of special powers.

The first step to writing a special power of attorney is to come up with a list of each special power you want to assign. Because special powers are meant to be precise, you must explicitly state the transactions, accounts, or property that your agent has authority over. 

For example, as opposed to a general power of attorney—which may allow your agent to handle all of your financial transactions—a special power of attorney may only allow your agent to handle the sale of a specific piece of real estate.

2. Decide what powers are springing.

A “springing” power is contingent, meaning that it is not triggered until an event or other condition is satisfied. Thus, an agent cannot legally act on your behalf regarding a springing power until that event or condition occurs. 

Your special power of attorney does not need to include a springing clause. If it doesn’t, the power of attorney is enforceable immediately after you sign it.

3. Pick an agent and a successor agent.

One of the most important steps in writing a special power of attorney is to assign your agent. Your agent should be someone you trust, whether it be a close family member, friend, or professional. 

It is also a good idea to assign a successor agent in the event the original agent dies or is otherwise no longer able to handle your affairs.

4. Note the expiration date.

If you want your power of attorney to only last for a certain period of time, make sure you explicitly write that in your letter.

If you want it to last for as long as you are alive, you can create a durable power of attorney, which remains in effect even if you become incapacitated. Regardless of which type you choose, the power of attorney terminates upon your death.

5. Compile the information into one document.

Using all of the information you just compiled, draft the final special power of attorney letter. Use clear and unambiguous language to outline the details of each special power. You should include your full name, the full names of your agent and successor agent, and the date you created the document.

6. Execute the power of attorney letter.

At a minimum, you must sign the power of attorney in the presence of a notary for the document to be legally enforceable. Some states may require additional formalities. Once the document is executed, the power of attorney is complete.

While you can definitely draft a power of attorney on your own, you can also enlist the help of a professional if you have any doubts about the process.

Want to write a power of attorney in minutes?

With wSahayak, you need not to do all this stuff manually by thinking of all the points. You just need to answer few questions and our system will generate your POA in just a matter of time. Try it here.

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