Power of Attorney

BLOG 11/2026 DATED 8TH FEBRUARY 2026

A Power of Attorney is a legal document where one person, called the principal, authorises the other person, called the agent, to act on his behalf in financial, legal or healthcare matters. In some jurisdictions the agent is also called the attorney-in-fact. Principal is also called as grantor or donor. In India the laws related to Power of Attorney are governed by Power of Attorney Act 1882 and Indian Stamps Act 1889.

Types of Power of Attorney:

General Power of Attorney (GPA): General Power of Attorney authorises the agent to deal in all types of matters on behalf of the principal. The agent can perform routine functions such as bank matters etc.

Specific Power of Attorney (SPA): Also called Limited Power of Attorney where agent is authorised to act only in specific matters. He can perform only the acts specified in the PoA and his authority is limited to that extent.

Durable Power of Attorney (DPA): In a durable power of attorney the agent can exercise the powers granted to him even if the principal is incapacitated. If Durable nature of PoA is not specifically mentioned then PoA becomes invalid in case of incapacity of the principal. However, the PoA holder cannot make decisions regarding the health of the principal.

Springing Power of Attorney: Springer Power of Attorney is a PoA that becomes effective only if an event happens usually when the principle is incapacitated or mentally unsound. The owner keeps control over the affairs and agent takes over only after the specific event mentioned in the PoA.

Duration:

All PoA becomes invalid on the death of the principal or the agent. A SPA is valid only till the specific job allotted is in force or not completed, however in the event of death of principal or agent SPA also becomes invalid even if the job is not completed. However, if the PoA is irrevocable and agent has  interest in the property, then it can survive even the death of the principal.

Revoking the PoA:

The principal has the right to revoke the PoA whenever he wants, unless it is irrevocable.

Other features of a PoA:

• Power of Attorney can have multiple agents and it can also grant authorities to these agents to avoid any conflict. The agents can be made to act jointly or separately as decided and written in the PoA.
• Next of kin or family members do not have any right to cancel the PoA. However, they can take up the matter to court in specific circumstances.
• PoA must be issued in specific format as prescribed in the state. It is better to take help of a legal expert before finalising the contents and format of a PoA.
• Before issuing PoA in favour of someone, the principal must make sure that the agent is trustworthy, and it is preferable to take help of a legal expert.
• In most of the cases a revocable PoA only should be issued unless it is specifically required to issue an irrevocable PoA.

Difference between PoA and Will:

Particular	Power of Attorney	Will
Begins with	Effective as and when signed.	Only after the death of the grantor (one who rights will)
Ends with	The death of the principal or agent	Until the purpose of the will is fulfilled.
Validity	Before death of principal	After death of issuer
Purpose	The purpose of PoA is to enable someone to act on the behalf of the principal.	A will grants rights of property, and it transfers the property to the beneficiary after the death of the issuer.
Power	The agent gets the power to the extent described in the PoA	The one who is the legal beneficiary of the will holds the complete right.
Parties	Principal and Agent	Grantor and beneficiary

Conclusion:

Power of Attorney is a legal document, and it helps a person to carry his/her work in a much better and professional manner, specially, if the principal does not have time or competency to execute certain job. However, as it grants powers to another person it is always advisable to consult a legal expert before finalising a PoA.