POWER OF ATTORNEY

“Kinds of Power of
Attorneys”

Name – Heena Beriwal

Enrollment No. – A3211118174
B.A.,LL.B (H)
Section – E
 CONTENTS
 Introduction

 Kinds of Power of Attorneys

- General Power of Attorney

- Special Power of Attorney
- Durable Power of attorney
 INTRODUCTION
A power of Attorney is written instrument executed by a person
authorizing the person named therein to do some specified acts on
behalf of the executor, such acts which otherwise could be done by
executor only. The person who gives the power/authority is called the
Donor or principal and to whom the power is given is called the
Donee or the Attorney. The said Attorney acts as an agent of the
principal. A power of attorney attracts various provisions of the
Indian stamp Act, power of attorney act, registration act, Indian
contract act, Indian partnership act and the Indian Evidence Act.

Definition of Power of Attorney:

According to section 1A of Power of Attorney Act, ‘A Power of

Attorney’ includes any instruments empowering a specified person to
act for and in the name of the person executing it”. The Power of
Attorney Act 1882 has five sections only and provisions of Indian
Contract Act Chapter X dealing with Agency are applicable to power
of Attorneys.

Section 182 of Indian Contract Act defines agent as a person

employed to do any dealings with the third parties.
The person for whom such act is done or so represented is called
principal. The person who is executing the power of attorney is called
principal or the executant and the person to whom power is granted is
called GPA holder or beneficiary. Both the principal and agent should
be of sound mind and majors.

The relation between the donor and Donee is one of principal and
agent which has its genesis in a contract.
 KINDS OF POWER
OF ATTORNEYS
1. General Power of Attorney
It is the authority in which the principal/grantor authorizes the agent
to perform a certain task on behalf of the grantor/principal.

The authority to the agent is given by performing some legal

paperwork.

The word “GENERAL” means that the authority or power given by

the principal/grantor should be general regarding the subject matter
and not specific.

If the subject matter is not general and is having restriction mentioned

while doing the paperwork then it will not be considered as a general
power of attorney, it will otherwise be called as a limited power of
attorney.

2. Special Power of Attorney

It is the authority in which the person is authorized by the

principal/grantor to do some act/acts. In this act, the agent has to
perform the work assigned to him in the name of the
principal/grantor.

3. Durable Power of Attorney

It is a power of attorney which specifically mentions that the agent or

the agents become unauthorized to perform work assigned by the
principal/grantor if the principal/grantor become mentally
incapacitated.

But if there is any mentioning in the legal paper that the power of
attorney will remain valid in the future, if the principal/grantor
becomes mentally incapacitated then it is known as durable power of
attorney.