Power of Attorney:
- Legal document
- Authorizes someone (Agent) to act
- On behalf of another (Principal)
- For specified or general purposes
- Can be limited or broad in scope

Governed By:
- Powers of Attorney Act, 1882
- Indian Stamp Act
- Registration Act, 1908

Key Points:
- Must be in writing
- Stamp duty applicable
- Registration needed for immovable property

Scope: Very Broad

Covers:
- All financial matters
- Property transactions
- Legal proceedings
- Business operations
- Banking activities
- Everything on behalf of principal

When Used:
- NRIs managing property in India
- Extended absence
- Business delegation
- Elderly parents' affairs

Scope: Limited to Specific Purpose

Example Uses:
- Sell specific property
- Operate one bank account
- Represent in one court case
- Sign one contract

Advantage:
- Limited risk
- Specific control
- Expires on completion

Special Feature:
- Remains valid if principal becomes incapacitated
- "Survives" mental disability
- Must explicitly state durability

Regular POA:
- Becomes void if principal incapacitated
- Agent loses authority
- New arrangement needed

Durable POA:
- Continues despite incapacity
- Essential for elderly planning
- Healthcare decisions possible

Purpose:
- Healthcare decisions
- If principal cannot decide
- Life-sustaining treatment choices
- Medical procedure consents

Also Called:
- Healthcare proxy
- Medical directive
- Healthcare surrogate

Special Feature:
- Becomes effective only on trigger event
- Usually incapacity of principal
- "Springs" into action when needed

Example:
POA effective only when:
- Principal declared incapacitated by doctor
- Principal hospitalized for X days
- Specific condition occurs

Property Management:
□ NRI managing Indian property
□ Selling property while abroad
□ Renting out property
□ Property registration

Financial Matters:
□ Bank account operation
□ Investment management
□ Tax filings
□ Pension collection

Legal Representation:
□ Court appearances
□ Legal document signing
□ Contract negotiations
□ Dispute resolution

Personal Care:
□ Elderly parent care
□ Healthcare decisions
□ Government office work
□ Utility management

Commonly Needed By:
- NRIs with Indian assets
- Frequent travelers
- Business owners
- Elderly individuals
- Those anticipating incapacity
- People with overseas assignments

Required Contents:
1. Title (General/Special POA)
2. Date of execution
3. Principal's full details
4. Agent's full details
5. Specific powers granted
6. Limitations (if any)
7. Duration
8. Signatures
9. Witnesses (2)
10. Notarization
11. Registration (if required)

Step-by-Step:

Step 1: Draft POA
- Legal language
- Specific powers
- Clear boundaries

Step 2: Stamp Duty
- Pay applicable stamp duty
- Varies by state
- Depends on property value (for GPA)

Step 3: Execution
- Principal signs
- Two witnesses sign
- Before notary public

Step 4: Notarization
- Notary verifies identity
- Notary stamps and signs
- Creates record

Step 5: Registration (if needed)
- For immovable property
- At Sub-Registrar office
- Both parties present

Special Process:
1. Execute POA abroad
2. Before Indian consulate/embassy
3. Or before local notary
4. Get apostille (if applicable)
5. Send to India
6. Adjudication for stamp duty
7. Registration if needed

Examples:
□ Operate bank accounts
□ Withdraw/deposit money
□ Manage investments
□ File tax returns
□ Collect rent/dividends
□ Make payments
□ Access safe deposit
□ Apply for loans

Examples:
□ Sell/purchase property
□ Mortgage property
□ Lease/rent out
□ Manage construction
□ Handle registrations
□ Pay property taxes
□ Partition property
□ File property suits

Examples:
□ Represent in court
□ Sign contracts
□ File/defend lawsuits
□ Negotiate settlements
□ Execute deeds
□ Make sworn statements

Examples:
□ Healthcare decisions
□ Admission to facilities
□ Government paperwork
□ Collect documents
□ Apply for IDs/passports
□ Handle utilities

Principal Cannot Give Power To:
- Make a will
- Vote in elections
- Take oath on behalf
- Actions requiring personal presence
- Marry on behalf
- Adopt children (with exceptions)

Agent Must:
- Act in principal's interest
- Maintain records
- Not mix personal/principal funds
- Act within granted powers
- Not profit personally
- Keep principal informed

General Rule:
- Payable on all POAs
- Rates vary by state
- Higher for property-related POAs

Typical Rates:
- Simple POA: ₹100-500
- GPA for property: % of property value
- Can be significant for valuable property

Mandatory Registration:
- POA for immovable property sale
- Creating interest in property
- Per Registration Act, 1908

Optional Registration:
- Other POAs
- But recommended for safety

Common Scam:
- Agent sells property without authority
- Or exceeds POA limits
- Fake POAs used
- Principal unaware

Protection:
- Use SPA, not GPA
- Limit to specific property
- Set time limits
- Inform family/neighbors

Common Misuse:
- Agent withdraws all funds
- Creates debts in principal's name
- Diverts investments
- Changes beneficiaries

Protection:
- Regular account monitoring
- Limit financial powers
- Multiple oversight
- Bank notifications

Examples:
- Acting beyond scope
- Continuing after revocation
- Self-dealing
- Conflicts of interest

Protection:
- Clear power limits
- Written scope
- Regular reviews
- Quick revocation if issues

Scenario:
- Elderly person gives POA
- Agent takes advantage
- Incapacity prevents oversight
- Assets depleted

Protection:
- Trusted family member as agent
- Co-agents requirement
- Third-party oversight
- Springing POA

Ideal Agent:
□ Trustworthy
□ Financially responsible
□ Available when needed
□ Understands your wishes
□ No conflicts of interest
□ Competent for the task
□ Good record-keeping
□ Communicative

Don't Choose:
✗ Someone with financial problems
✗ Person you barely know
✗ Those who might benefit from misuse
✗ Someone too busy
✗ Person with legal issues
✗ Anyone you don't fully trust

Options:
1. Joint Agents (must act together)
   - More oversight
   - Can be cumbersome
   
2. Successive Agents (one after another)
   - If first unable, second steps in
   
3. Different Agents for Different Matters
   - One for property
   - Another for finances
   - Limits risk

Revoke Immediately If:
- Agent acting improperly
- Relationship breakdown
- Agent incapacitated
- No longer needed
- Principal regains capacity (springing)
- Task completed (SPA)

Process:
1. Draft revocation deed
2. Same formalities as POA
3. Notify agent in writing
4. Notify all third parties
5. Register revocation (if POA registered)
6. Public notice recommended
7. Retrieve original POA if possible

POA Ends When:
- Principal dies
- Agent dies
- Task completed
- Time period expires
- Principal revokes
- Principal incapacitated (unless durable)
- Court terminates

Do's:
✓ Be specific about powers
✓ Include limitations
✓ Set time limits
✓ Use springing for incapacity
✓ Get legal advice
✓ Keep certified copies
✓ Inform third parties

Don'ts:
✗ Give blank POA
✗ Grant unnecessary powers
✗ Choose untrustworthy agent
✗ Forget to register if needed
✗ Leave POA with agent only

Regular Review:
□ Annual assessment
□ Check agent's actions
□ Verify no misuse
□ Update if needed
□ Revoke if concerned

Responsibilities:
- Act only within powers
- Keep detailed records
- Act in principal's interest
- Report regularly
- Don't mix funds
- Seek guidance if unsure
- Return records when done