Cancellation of power of attorney
anish
(Querist) 31 August 2013
This query is : Resolved
Sir
I am power of attorney holder of my father who is aged 65 years and widowed. The POA is general power of Attorney, registered and it is written in deed that I am being given power irrevocably. One of his lady acquaintances has developed closeness with him and started manipulating him. I am now shown a six month old letter addressed by my father to her mentioning that since I am misusing power of attorney he is cancelling power of attorney issued in my favor. No exact details of power of attorney i.e. registration number or date of POA are mentioned in letter. Father told me he was made to sign one letter whose content he was not told and therefore denies having written such letter. However he refuses to give any affidavit or letter in writing to the effect that he has not written any such letter fearing it may antagonize lady. I think lady would like to cancel this POA in my favor and make fresh POA in her favor. I have already used POA last month for disposing one of my father’s assets,realization of which I will credit into father’s bank account.
My queries are:
1) Since I (being POA holder) am not given any written communication by father but letter is addressed to lady mentioning cancellation, does it make POA null and void?
2) Since word irrevocable is mentioned in POA can he cancel POA?
3) I was told that mere mention of word irrevocable does not make POA irrevocable. Is it true?
4) Since exact details of POA are not mentioned in letter POA is still valid?
5) At present use of POA by me is valid and binding to him?
Rajendra K Goyal
(Expert) 31 August 2013
1) Since I (being POA holder) am not given any written communication by father but letter is addressed to lady mentioning cancellation, does it make POA null and void?
A- It does not make POA null and void.
2) Since word irrevocable is mentioned in POA can he cancel POA?
A.- Principal can cancel POA.
3) I was told that mere mention of word irrevocable does not make POA irrevocable. Is it true?
A- It is true.
4) Since exact details of POA are not mentioned in letter POA is still valid?
A- Yes valid.
5) At present use of POA by me is valid and binding to him?
A- Yes
anish
(Querist) 31 August 2013
Thank you experts
