Power-of-Attorney having restrospective effect?
Syed Jawad Quader
(Querist) 02 June 2011
This query is : Resolved
Can a power-of-attorney be given retrospective effect? Is there any case law or any other law in support of this? Please help.
Syed Jawad Quader
(Querist) 02 June 2011
my book says that it is possible, provided that the Principal had the power at the time to do whatever powers he delegates through the POA. although it doesn't cite a case for it, i think it is a plausible argument. have you any reason to say it is not possible?
M/s. Y-not legal services
(Expert) 02 June 2011
Dear author, if you low surely mean, whats the necessity to post your query here? Are you checking our expert's knowledge?
Raj Kumar Makkad
(Expert) 02 June 2011
Power of Attorney means "A written document in which one person (the principal) appoints another person to act as an agent on his or her behalf, thus conferring authority on the agent to perform certain acts or functions on behalf of the principal.
Powers of attorney are routinely granted to allow the agent to take care of a variety of transactions for the principal, such as executing a stock power, handling a tax audit, or maintaining a safe-deposit box. Powers of attorney can be written to be either general (full) or limited to special circumstances. A power of attorney generally is terminated when the principal dies or becomes incompetent, but the principal can revoke the power of attorney at any time".
So it effects on its execution and not before it. No question arises effecting such documents retrospectively. One thing is possible. Principal may mention in this document that actions taken by his POA holder in past may be deemed done on my behalf as my POA holder and I ratify all such action as if done by me.
Arif Iqbal
(Expert) 02 June 2011
i agree with Mr Makkad. Instead of naming an instrument giving retrospectivity of the deeds of the principal in the past a Deed of Power of Attorney, we may call it a Deed of Ratification.
Syed Jawad Quader
(Querist) 02 June 2011
thank you mr. makkad and mr. iqbal. yes, i agree that a POA having retrospective effect is, in effect, a deed of ratification. i was however of the view that an instrument, unless barred by law, can be executed to have retrospective effect, which in itself is an act of ratification. therefore ratification of a past action done on ones behalf is in effect giving a power to do that action retrospectively, and vice versa.
my query was to find out if the law has expressly accorded any recognition to a POA with retrospective effect/deeds of ratification. i was wondering if anyone would be so kind enough to help me out with a case or two, if any, as i do not have the resources to look for such a case myself.
also, i was wondering if those here who are of the view that POAs cannot be executed to have retrospective effect also believe that deeds of ratification are not allowed in law.
