A Power of Attorney (POA) is a legal document that authorizes a person (the attorney-in-fact) to act on behalf of another person (the principal) in various matters, including legal, financial, and administrative affairs. In India, a POA can be executed for a specific purpose or a general purpose, as per the requirements of the principal.
What a Power of Attorney can do in India:
Manage financial matters: The attorney-in-fact can manage the principal's financial affairs, such as operating bank accounts, managing investments, and paying bills.
Conduct real estate transactions: The attorney-in-fact can buy or sell real estate property, including executing and registering property-related documents.
Execute legal documents: The attorney-in-fact can execute legal documents, such as contracts, deeds, and agreements, on behalf of the principal.
Manage administrative affairs: The attorney-in-fact can manage administrative affairs, such as signing checks, filing taxes, and managing the principal's business.
What a Power of Attorney cannot do in India:
Sign wills: The attorney-in-fact cannot sign a will on behalf of the principal.
Make medical decisions: The attorney-in-fact cannot make medical decisions on behalf of the principal.
Represent the principal in legal proceedings: The attorney-in-fact cannot represent the principal in legal proceedings or appear in court on their behalf.
Act beyond the scope of authority: The attorney-in-fact cannot act beyond the scope of authority granted by the POA document.
It is essential for the principal to clearly specify the scope of authority granted to the attorney-in-fact in the POA document to avoid any confusion or misuse of power. Additionally, the attorney-in-fact must act in the best interests of the principal and not misuse the powers granted to them under the POA.
