Power of Attorney - A Brief Note And A Sample Draft

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The Power of Attorney Act, 1882, governs the law of Power of Attorney. 

"Powers-of-Attorney" include any instrument empowering a specified person to act for and in the name of the person executing it.

According to Osborn's Concise Law Dictionary, 7th Edn., a 'power-of-attorney' means a formal instrument by which one person empowers another to represent him, or act in his stead, for certain purposes, usually in the form of a deed poll, and attested by two witnesses. 

The donor of the power is called the principal or constituent; the donee is called the attorney or agent. 

 The agent is not entitled to exercise his powers for his own benefit e.g. draw cheques on the principal's account to pay his own debts.

The power is given by an instrument in writing which is called the deed of power of attorney. 

The power of attorney may be divided into General Power of Attorney and Specific Power of Attorney. 

The Special Power of Attorney is for some specific act. A General Power of Attorney is for some and many acts, things and deeds generally described in an agreement. 

It should be executed before, and authenticated by, a Judge, Magistrate or Notary Public. 

It may be registered. One has to pay stamp-duty along with the registration fee for registration of specific and general power of attorney. 

A holder of a power-of-attorney or an agent can not go beyond the principal. If the power-of-attorney holder exceeds his limits as per the power granted to him, by the instrument, then the provision of 'indemnity' in case of an act done in good faith does not apply, even if he was unaware of the determination of his power in consequence of revocation of power by or death/insolvency of the principal. 

A married woman, of full age, shall, by virtue of this Act, have power, as if she were unmarried, by a non-testamentary instrument, to appoint an attorney on her behalf, for the purpose of executing any non-testamentary instrument or doing any other act which she might herself execute or do. 















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