In India. The Power of Attorney Act of 1882 is the legislative body that regulates the Powers of Attorney. A power of attorney is a written legal document that empowers an agent with the right to act on behalf of the other. They are legally authorized to act as the agent or attorney, and the person who is authorized to act is called the principal, grantor, or donor.
A power of attorney can be for various purposes, such as legal matters, financial handling, real estate, business, or personal matters. Power of attorney is categorized based on the intended purpose. Usually, a legal expert creates the draft of the POA. Anil Mehta and partners have efficacy in POA drafting and representation on behalf of their clients.
What is the General Power of Attorney?
A general power of attorney gives the agent the right to act in a wider sense. The agent can make decisions on behalf of the principal in various areas, such as health, finances, legal, or property.
AM Partners will explain the difference between general and special power of attorney. They will help you with the complete process of drafting a GPA. You can also appoint them as your agent, as they maintain confidentiality on behalf of their clients.
Advantages & Disadvantages of General Power of Attorney
A general power of attorney has its share of pros and cons. Let’s have a comparative analysis of the advantages and disadvantages of the same.
| Advantages of GPA | Disadvantages of GPA |
|---|---|
| GPA offers comprehensive authority to the agent, making it easy to handle. | The agent has unlimited authority over various aspects of the principal’s life. He can misuse his powers for illegal and fraudulent activities. |
| GPA offers convenience to the principal as he has a line of command and can directly seek answers from the agent for multiple areas. | Closely monitoring the agent’s activities is a difficult task and sometimes impossible since the principal is not present in the same location. |
| GPA brings flexibility in decision-making and supervision for the principal, especially in the case of his absence. | The principal loses his control over all the aspects that have been handed over to the agent to look after. |
| GPA reduces the time crunch in decision-making and improves efficiency in various aspects. | The legality and time required to revoke the GPA are extremely complex, especially if it is registered. |
What is the Special Power of Attorney?
Special power of attorney or SPA is a legal written document that authorizes an agent to look after a particular task or department on behalf of the principal. SPA is more effective and practical as compared to GPA; it is one of the major differences between general power of attorney and special power of attorney.
Your legal counsel will take care of the technicalities, given that he knows property laws. AM Partners are the most preferred property lawyers in India, due to their due diligence as legal representatives and agents.
Advantages & Disadvantages of Special Power of Attorney
Special power of attorney enjoys its advantages and disadvantages and is still preferred over a general power of attorney. Despite the difference between general power of attorney and special power of attorney, both are equally impressive. Refer to the table below for a detailed analysis of SPA.
A legal attorney can be assigned as an agent for SPA. AM Partners represent their clients for various tasks and deliver excellent results. The client testimonials are enough to vouch for why they are the best advocate in Chandigarh.
Key Difference between General Power of Attorney and Special Power of attorney
The question remains the same: which one is better? Despite all the commonalities between GPA and SPA, there is still a point of difference between general power of attorney and special power of attorney. A comparative analysis of both will provide a clear picture for the potential users.
| Basis | General Power of Attorney (GPA) | Special Power of Attorney (SPA) |
|---|---|---|
| Scope | It covers a wider scope since the agent has authority over various domains handed over by the principal. | SPA has a confined area of authority since the agent deals with a limited area of interest on behalf of the principal. |
| Validity | GPA lasts until it is revoked by the principal, or in case of his death or incapacitation. | Remains valid only till the duration of the ongoing task or revocation by the principal. |
| Flexibility | GPA provides more capability to the principal as he can manage various areas of interest under the representation of an agent for a longer duration. | SPA offers limited flexibility as the agent is the legal representative for a limited task or field. |
| Risk | The exploitation of the powers by the agent is higher. | Chances of exploitation or misuse of power are limited to the area concerned. |
The battle between the general power of attorney vs special power of attorney will remain intact in the future. Both have their merits in different areas, and AM Partners can guide you as per your unique situation.
Conclusion
General power of attorney and special power of attorney are impactful in different areas of interest, as needed by the principal. Despite the commonalities and the difference between general power of attorney and special power of attorney, both are usually compared while choosing one. Your legal consultant can walk you through the process and intricately customize it to your needs.
AM Partners stands by their clients throughout the process, as a legal consultant, an agent, and a confidant. They have experienced attorneys on board who have explicit knowledge of property matters and civil litigation. They can suggest and guide you through the details right from the drafting to its registration and execution in the future. They bring in transparency and trust between the counsel and client. Book a quick consultation today on their website!
FAQ
A general power of attorney remains valid till it is revoked by the principal or the principal becomes mentally incapacitated, or passes away.
A special power of attorney should be used for a specific task or in the area of need required by the principal.
A special power of attorney in court proceedings allows the principal to authorize an agent to act on their behalf in a specific legal task.
Yes, the general power of attorney can be used to authorize the representative to buy or sell property in India on behalf of the principal.
Yes, a property can be sold with the special power of attorney, given that the attorney grants the agent the power to sell the property on behalf of the principal.