Power of attorney
rajeev swarnkar
(Querist) 02 December 2011
This query is : Resolved
can a power of attorney holder can appoint his agent
prabhakar singh
(Expert) 02 December 2011
No! not all.A delegated power can not be delegated.
M/s. Y-not legal services
(Expert) 02 December 2011
Typical powers include the p.o.a holder to do the following:
Act for the principal with respect to inheritances or claim property to which the principal is otherwise entitled,
Collect the principal's Social Security, MEDICARE or other governmental benefits,
Conduct real estate transactions (purchase, sell, MORTGAGE, etc.),
Conduct transactions with banks and other financial institutions,
File and pay the principal's state, federal, and local taxes,
Hire a lawyer to represent the principal in court,
Make investment decisions for the principal (purchase and sell stocks, BONDS, mutual funds, etc.),
Manage the principal's retirement funds,
Purchase or sell insurance policies and annuities for the principal
Run the principal's business, and
Use the principal's money to pay the principal's living expenses.
Whatever powers the principal gives the agent, the agent must act for the principal's best interests, must maintain accurate records, keep the principal's property separate from his or hers and avoid conflicts of interest.
SO HE CAN NOT DELEGATE IT TO ONE ANOTHER
Advocate. Arunagiri
(Expert) 02 December 2011
POA can not appoint another agent to do the works authorized to be done by him.
When the POA is appointed for a purpose, which needs further delegation, by its nature of work, the POA can appoint sub agent.
Example:-
POA is appointed for selling of a house. This POA can appoint an agent on commission basis for bringing in prospective parties. He can also pay commission to the agent, from the account of the principal.
prabhakar singh
(Expert) 02 December 2011
To that I agree with Mr. Arunagiri as the same power is transferred to him expressly or by implication from donor,
Shailesh Kr. Shah
(Expert) 03 December 2011
Yes, agree with views of Mr.Arunagiri that "When the POA is appointed for a purpose, which needs further delegation, by its nature of work, the POA can appoint sub agent."
Devajyoti Barman
(Expert) 03 December 2011
Yes delegation can be made by the principal only. Moreover nature of business may automatically empower the agent to appoint sub-agent as rightly advised by two prior experts.
Shonee Kapoor
(Expert) 03 December 2011
I beg to differ a little, "Agent" may refer to one who acts for, or in the place of, another, by authority from him; one entrusted with the business of another.
It is a broad term, and further whether you call a sub-agent or by whatever name, it can be appointed, if the principal agreement gives that freedom.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 03 December 2011
Not only Mr.Shonee Kapoor but i too differ with all those who understands that donee can delegate rights donned to him by donor.
All most every power of attorney we draft we sum up it with a general clause to read like"Generally to do all other lawful acts which are necessary to give effects to the powers conferred herein before/above"
But we should not understand that it is authorization of any delegation.No venture can be completed by single hand and employing assistance for its completion,irrespective of mode of payment of remuneration be it commission or fixed or salary, should not be understood as right to delegate.
Advocate. Arunagiri
(Expert) 03 December 2011
The Indian Contracts clearly permits the Principal Agent to appoint sub-agent without the permission of the principal. I am just reproducing the sections:-
190. When agent cannot delegate.-An agent cannot lawfully employ
another to perform acts which he has expressly or impliedly undertaken
to perform personally, unless by the ordinary custom of trade a subagent
may, or, from the nature of the agency, a sub-agent must, be
employed.
Shailesh Kr. Shah
(Expert) 03 December 2011
Now, no room left by Shri arunagiri to further addition.
K S GOSWAMI, Advocate
(Expert) 03 December 2011
I want to supplement the views of Mr. Arunagiri on this point and further enlarge his views. Here reference of Sec. 191 to Sec. 195 Indian Contract Act is very much relevant and the sub-agent can be appointed.
