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niranjan sahoo   21 September 2015

Need urgent advice

How is it decided whether a Power of Attorney is revocable or irrevocable ?

 



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 2 Replies

Venkatesh Mannem (Legal consultant)     22 September 2015

It is decided based on the recitals of the instrument. If the executant keeps the right to cancel/alter the POA with him/her, then the instrument is treated as a revocable one. Similarly, if the executant specifies in the instrument itself that the POA is an irrevocable one. Then that POA will be treated as an irrevocable one. In simple terms, until and unless the executant specifies in the instrument that the same is an irrevocable one, that will be treated as a revocable one only.

Venkatesh Mannem (Legal consultant)     22 September 2015

It is decided based on the recitals of the instrument. If the executant keeps the right to cancel/alter the POA with him/her, then the instrument is treated as a revocable one. Similarly, if the executant specifies in the instrument itself that the POA is an irrevocable one. Then that POA will be treated as an irrevocable one. In simple terms, until and unless the executant specifies in the instrument that the same is an irrevocable one, that will be treated as a revocable one only.

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