When does a power of Attorney come into effect?

A will comes into effect on the day person die. A POA applies during a person’s lifetime and ceases to apply when he dies. So you actually need both a POA and a will as they complement, and do not overlap, each other. To add a twist to the subject, there are two types of POA: one for property and one for personal care.

What does it mean to give someone a power of attorney?

‘Power Of Attorney’ is an authority given by an instrument by one person, called as the donor or principal, authorising another person, called donee or agent to act on his behalf. There may be possibility of giving ‘Power Of Attorney’ by two or more persons jointly to one or more persons.

How is a power of attorney authenticated in court?

A power of attorney which is accurately authenticated by the notary or any magistrate, an affidavit has to be filed with all the original documents of the power of attorney authorising an agent to do certain acts. All the documents will be verified by the court and then court will register power of attorney by putting seal and sign.

When is a power of attorney not registrable?

A power of attorney is not compulsorily registrable unless it creates an interest in any immovable property i.e. charge in favour of donee.

When to appoint a successor agent to a power of attorney?

It’s a good idea to appoint a Successor Agent when signing a Power of Attorney. This is even more so with a Durable Power of Attorney, which is meant to be in effect for a long time.

Can a power of attorney be changed to someone else?

(Unless the principal has also named the agent as the executor of their will or the principal dies without a will and the agent then petitions to become administrator of their estate.) Change or transfer POA to someone else. An agent has the right to decline their appointment at any time.

Is it legal to appoint multiple power of attorney?

You have the legal right to appoint multiple people as your power of attorney. You could even split your durable power of attorney and your medical power of attorney. The legal documents should state whether each agent has full, independent power or if they have to act jointly.

When do you stop acting under a power of attorney?

This is not appropriate and doesn’t have legal authority. Anyone that serves as an agent under a power of attorney should cease all action under that document at the moment of death. If they continue to try and act under the document, then they are putting themselves at risk. Be careful.