Ramit Goyal 14 February 2017

Power of attorney

Hi, I want to know the legal process to obtain the power of attorney from my father. Also please tell me what difference is it going to make if my father gives me the power of attorney. Please advise me on this- My father is not medically fit from the last 8-10 years and he is on bed rest since then so everything was under control of my uncle who is elder brother of my father. Now we do not have any idea what he has done in the last 10-15 years on the name of my father. He has sent various documents related to bank and other things for my fathers signature. Now my father wants to know everything but he is denying to give any records and therefore he is doubting on him. My father now wants to give all the legal power to me so that I can understand the things better and could take decisions on his behalf for the betterment of my family. Also he wants to cancel all the signatures he has made on any legal documents of any kind trusting his brother and wants me to be the decision maker even for all those affairs and interfere everywhere to understand things in a better way.

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Dr. Atul [9013898936] (Lawyer, Scholar) 14 February 2017

Power of Attorney is in itself nothing complicated; any half decent Advocate can draft a PoA for you and have it notarised; either as a General Power of Attorney or a Special Power of Attorney, both differing in the broad scope of subject matter, proceedings and limits to which you are authorised. Be careful that the PoA properly clearly spells out your Authority to do the acts, so as to prevent any challenge to any action taken by you as Attorney holder. You cannot appear as a Witness for your father through as an Attorney holder though. You cannot do a blanket "cancel signatures made already" either, as you put it. Get a Power of Attorney and collect information on actions taken under the purported authority of your father. Then consider which ones are so manifestly harmful to your interests that you are prepared to engage in a formal legal action to repudiate them (that is never an easy job as you'd have to prove your father's incapacity in respect of actions done under his siganatures, if such signatures are alleged to have been obtained by misrepresentation by your uncle).

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 14 February 2017

1. POA for all immovable properties has to be mandatorily be registered before the local divisional Registrar of Sub-Assurances, for it to be legally effective for any and all purposes.

2. POA holder can do all legitimately allowed functions (including some retrospective activities), till the POA maker is alive, AFTER which the POA authority becomes redunant.

Keep Smiling .... Hemant Agarwal
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