Durable Power of Attorney
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A Durable Power of Attorney is a legal document that authorizes a person to act on behalf of another person (the principal) in making financial, legal, and other important decisions. The term “durable” means that a power of attorney remains in effect even if the principal becomes incapacitated or unable to make decisions for themselves due to illness, injury, or disability.
In India, a durable power of attorney can be used to manage a person’s financial affairs, pay bills, make investments, and take care of other important matters when the person is unable to do so. The person authorized to act on behalf of the principal is called the agent or attorney-in-fact.
A lawyer can assist in the creation and execution of a durable power of attorney document. They can ensure that the document complies with legal requirements and that the individual granting the power fully understands its implications. The lawyer can also provide guidance on selecting an appropriate agent and defining the scope of their authority.
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How to get Power of Attorney registered
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Understanding the Durable POA
Discuss your requirements with a lawyer
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Drafting the Durable POA
Power of Attorney is drafted by the Lawyer according to the requirements
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Final Durable POA
After the draft is ready, the lawyer then defines the legitimate Durable Power of Attorney
Understanding the Durable POA
Discuss your requirements with a lawyer
Drafting the Durable POA
Power of Attorney is drafted by the Lawyer according to the requirements
Final Durable POA
After the draft is ready, the lawyer then defines the legitimate Durable Power of Attorney
Contents of Power of Attorney
Details of Parties
POA describes the details of the person assigning the Durable Power of Attorney and of the party receiving the powers (Agent)
Date and place of execution
The POA states the date and place where it was executed and when it will come into force.
Reasons for granting Durable POA
POA will state the reasons of why it is being given to ensure that the act that the parties are seeking to complete is not against the law. The document specifies the specific powers that the principal is granting to the agent, such as the power to manage financial affairs, make medical decisions, or conduct business transactions on the principal's behalf. The document may specify any limitations or restrictions on the agent's powers, such as a time limit or a restriction on the types of decisions that can be made.
Validity
Registering a Durable POA gives it legal authorization and gives the power of actions to the agent to act for another person
Powers and Responsibilities
The document may include language allowing the principal to revoke a power of attorney at any time, for any reason.
Benefits of Registering a Power of Attorney
Flexibility
A Durable Power of Attorney is flexible in that the principal can choose to grant as much or as little authority as they want to the agent. The document can be tailored to the specific needs and circumstances of the principal.
Privacy
By granting a power of attorney to an agent, the principal can keep their affairs private and avoid the need for court proceedings to appoint a guardian or conservator.
Control
A Durable power of attorney allows the principal to retain control over their affairs and make decisions for themselves as long as possible. It also allows the principal to revoke the agent's authority if they are no longer comfortable with their decision-making.
Avoiding the need for court proceedings
Registering a durable power of attorney can help avoid the need for court proceedings to appoint a guardian or conservator in the event that the principal becomes incapacitated. This can save time and money for the principal and their family.
Prerequisites for registering Power of Attorney
Draft of the POA
Draft of the original written POA
Identification Proof
Identity proof of the parties involved
Proof of Property
Electricity bill or tax receipt (for property-related POA)
Photograph
Passport size photograph of both parties
Witnesses
2 witnesses along with their ID proofs (identity and address)
Registration Process
1
Discuss your requirements with a lawyer
2
Power of Attorney is drafted by the Lawyer
3
Pay Stamp Duty and generate challan
4
Schedule an appointment at the Sub-Registrar Office
5
Pay Registration Fees
6
Signatures of 2 Witnesses in the presence of the Sub-Registrar
7
Power Of Attorney is Registered at the Sub-Registrar’s office
Deliverables for the Power of Attorney Registration
Customized POA draft
Registered POA (original) is home delivered.
Frequently asked Questions
What is a Durable Power of Attorney (DPOA)?
A Durable Power of Attorney is a legal document that allows someone else, called the “agent” or “attorney-in-fact,” to make decisions on your behalf if you become incapacitated or unable to make decisions for yourself.
How is a Durable Power of Attorney is different from a regular Power of Attorney?
A regular Power of Attorney terminates if the principal becomes incapacitated or unable to make decisions for themselves. A Durable Power of Attorney, on the other hand, remains in effect even if the principal becomes incapacitated.
What decisions can an agent make under a Durable Power of Attorney?
The agent can make financial and legal decisions on the principal’s behalf, such as managing bank accounts, paying bills, signing contracts, and making investments.
How do I create a Durable Power of Attorney?
To create a Durable Power of Attorney, you need to complete a legal document that complies with the laws of your state. You will need to appoint an agent and specify their powers and responsibilities. The document must be signed in the presence of a notary public.
When does a Durable Power of Attorney expire?
A Durable Power of Attorney remains in effect until the principal revokes it, passes away, or a court terminates it. Some states require that a DPOA be reviewed and updated periodically to ensure it remains valid and enforceable.
What is the difference between a Durable Power of Attorney for Health Care and a Financial or General Power of Attorney?
The Durable Power of Attorney for Health Care authorizes someone to make decisions about your health care. A Financial or General Power of Attorney allows someone to act on your behalf in financial or other matters. You can have both a Durable Power of Attorney for Health Care and a Financial or General Power of Attorney, and you can name a different agent for the purposes of each document.
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