POWER OF ATTORNEY

chetan (Querist) 12 March 2011 This query is : Resolved
SIR,

CAN A PERSON DECLARED LUNATIC BY COURT MAKE POWER OF ATTORNEY?

IS THERE ANY PROVISION THAT THE LUNATIC CAN MAKE POWER OF ATTORNEY DURING LUCID INTERVALS?

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Chanchal Nag Chowdhury (Expert) 13 March 2011
NO.A LUNATIC cannot execute a POA during his lunacy.

Debasish Hota (Expert) 13 March 2011
Agreed with Mr. Chanchal.

Jitendar Kumar gupta (Expert) 13 March 2011
No the lunatic can not executes Power of Attorney under the India Law. In this case one has to move the court under Civil Procedure COde for the appointment of the Guardian then the court shall appoint the guardian for that lunatic and then that appointed guardian can act on behalf of that lunatic person.

Jiten gupta

M V Gupta (Expert) 13 March 2011
While a lunaitc cannot enter into any legal transaction including executing any document during lunacy, he can do so during lucid intrvals. But establishment of lucid interval is a tricky question. Therefore it is always advisable to get a guardian appointed by the Court for looking after his person and property.