Distinguish between the following: Special and General Power of Attorney
CS Professional · Drafting, Appearances and Pleadings · PYQS · June 2019
Distinguish between the following: Special and General Power of Attorney
Answer & Explanation:
In terms of Section 1A of the Powers-of-Attorney Act, 1882, a power of attorney includes an instrument empowering a specified person to act for and in the name of the person executing it. It is always kept by the attorney. A power of attorney executed for the purpose of a specific act is called a "special power of attorney". A 'Special power of attorney' (SPoA) is a legal document authorising one person (called an 'agent') to act on behalf of another (the 'principal'). The 'principal' grants the 'agent' this authority because he is unable to make the decisions his/herself. This SPoA is specific to property. It is irrevocable and the 'principal' must agree to ratify what is done by the SPoA. A power of attorney executed for the purpose of generally representing another person, or for performing more than one act, is called a 'general power of attorney'. A 'General power of attorney' (GPoA) is a legal document authorising one person (called an 'agent') to act on behalf of another (the 'principal'). The 'principal' grants the 'agent' this authority because he is unable to make the decisions his/herself. This GPoA is not specific in nature and the 'agent' would have the authority to make legal, medical, financial and business decisions (but not real estate). It is irrevocable and the 'principal' must agree to ratify what is done by the GPoA.
Topics: Power of Attorney
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