what is the meaning of general power of attorney

by Prof. Bell Bradtke 7 min read

A General Power of Attorney is a legal document whereby one person called the Principal gives another person called the agent or attorney-in-fact the power to manage the Principal�s assets and financial affairs while the Principal is alive. Power can be given to the agent to do any and all acts the Principal can perform.

General power of attorney is a form of power of attorney that allows agents to take any legal action their principals may take. For example, the agent could open or close bank accounts in the principal's name, invoke or waive the principal's contractual rights, or buy or sell stocks for the principal.

Full Answer

What can a power of attorney really do?

Power of Attorney (POA) A power of attorney (POA) document is written authorization that enables a person (called the “principal”) to appoint a trusted relative or friend (called the “agent” or “attorney-in-fact”), to handle specific health care decisions or legal and financial responsibilities on their behalf.

What is power of attorney and how does it work?

A power of attorney allows a person you appoint -- your "attorney-in-fact" or agent -- to act in your place for financial or other purposes when and if you ever become incapacitated or if you can't act on your own behalf. The power of attorney document specifies what powers the agent has, which may include the power to open bank accounts ...

What are the three types of power of attorney?

Types of Power of Attorney

  • General Power of Attorney (GPA)
  • Special Power of Attorney (SPA)
  • Durable Power of Attorney

What powers does an attorney general have?

  • What is the role of the Attorney General?
  • How does one become Attorney General?
  • What are the most important powers of the Attorney General?
  • Who is the current Attorney General?
  • What agencies are under the Department of Justice?
  • History Of The Attorney General
  • List Of Attorneys General

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What are the three basic types of powers of attorney?

The three most common types of powers of attorney that delegate authority to an agent to handle your financial affairs are the following: General power of attorney. Limited power of attorney. Durable power of attorney.

What is the difference between a general POA and a durable POA?

The difference has to do with whether the powers remain effective after the onset of a disability. That is, the regular power of attorney ceases to be effective if you become disabled, whereas the “durable” power of attorney continues to be effective despite your subsequent disability.

What is general power of attorney in India?

In a nutshell, the General Power of Attorney is just a authority document issued by the Guarantor to Grantee to perform certain acts on his behalf and is also required to be registered as per respective state provisions, any convey any ownership right or title of the property to the guarantor.

What is the best power of attorney to have?

You can write a POA in two forms: general or limited. A general power of attorney allows the agent to make a wide range of decisions. This is your best option if you want to maximize the person's freedom to handle your assets and manage your care.

What type of power of attorney covers everything?

With a general power of attorney, you authorize your agent to act for you in all situations allowed by local law. This includes legal, financial, health, and business matters. General POAs can be durable or non-durable, depending on your preferences.

What three decisions Cannot be made by a legal power of attorney?

You cannot give an attorney the power to: act in a way or make a decision that you cannot normally do yourself – for example, anything outside the law. consent to a deprivation of liberty being imposed on you, without a court order.

Can you sell a property with a general power of attorney?

A person given power of attorney over a property cannot sell the asset unless there is a specific provision giving him the power, the Supreme Court has held in a judgment.

Who can make a general power of attorney?

Who is eligible to be an attorney? The person you appoint should be someone you trust entirely. In addition, they should be an individual over 18 with mental capacity themselves, who should not be an interim or discharged bankrupt.

How long is a general power of attorney valid?

A GPA must be registered with the sub-registrar's office to get legal validity. Moreover, the GPA is not valid for an indefinite period. It is valid for the lifetime of the principal or the one who is awarding the GPA. It can also be revoked within the lifetime of the owner.

Can power of attorney keep family away?

A medical power of attorney may give the agent the right to prevent access to a parent if the agent believes the visit would be detrimental to the parent's health. Revoking a power of attorney. As long as the parent is competent, he or she can revoke a power of attorney at any time for any reason.

What are the two types of power of attorney?

There are different types of power of attorney and you can set up more than one.Ordinary power of attorney.Lasting power of attorney (LPA)Enduring power of attorney (EPA)

What if there is no power of attorney when someone dies?

However, if there is no will, then the attorney can apply to become an administrator of the estate, if they are the next of kin such as a spouse, child or relative of the deceased (but not usually an unmarried partner).