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 1. Home

 2. Blogs

 3. Legal Consultation

 4. Get an Irrevocable Power of Attorney and Protect your Rights


GET AN IRREVOCABLE POWER OF ATTORNEY AND PROTECT YOUR RIGHTS

by  Adv. Priyanka Sampathy  
★★★★★

5

5

  

3 mins

  

3489



An Irrevocable Power of Attorney is a legal document that is used to delegate
legal authority to someone else. The individual signing the document of power of
attorney is known as the Principal. The irrevocable power of attorney endows the
legal authority of one individual onto another.

The individual receiving the legal authority by way of the irrevocable power of
attorney is known as an agent or attorney-in-fact. This enables the agent to
make financial, property, and other legal decisions for the Principal. The term
attorney essentially means the power of one to be authorized and act on behalf
of another. This irrevocable power of attorney is not restricted to lawyers.

A principal can give the attorney, in fact, broad sets of legal authority or
very limited authority depending upon the irrevocable power of attorney. The
kinds of authority that can be granted by way of a power of attorney are as
follows: – 

 * Buy, sell, maintain, pay taxes, and mortgage property
 * Manage property
 * Conduct banking transactions
 * Make decisions regarding investments in stocks, bonds & mutual funds
 * Make legal claims and conduct litigation
 * Attend to tax and retirement matters
 * Make gifts on behalf of the Principal
 * Using assets to pay expenses and family members
 * Buy and sell insurance policies and annuities 
 * Claim property
 * Collect benefits from social security, medicare, or other government programs
   or civil or military service
 * Operate small business



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REASONS FOR IRREVOCABLE POWER OF ATTORNEY

An irrevocable power of attorney establishes a principal and agent relationship.
A principal is a person on whose behalf the agent gets the power to act and vice
versa. Further, a power of attorney states the limit of power being given to the
agent with clarity. 

Courts might grant an irrevocable power of attorney in cases where guardianship
over children exists. Further, an irrevocable power of attorney might also be
used in the scenario where medical decisions are required to be made.


CONTENTS OF AN IRREVOCABLE POWER OF ATTORNEY

It should include clauses related to essential particulars being the personal
information of the Principal and the agent. Further, the various purposes for
which the agent is authorized to act on the part of the Principal. Additionally,
it shall also consist of two witnesses who shall attest to the contents of the
irrevocable power of attorney.


RELEVANT DOCUMENTS FOR AN IRREVOCABLE POWER OF ATTORNEY

There aren’t any specific documents as such required for the drafting and
execution of an irrevocable power of attorney. However, the identity proofs of
the Principal and the agent are required to confirm the names and permanent
addresses of the parties.

The identities of the parties should be scrutinized. Additionally, the documents
stating a clear title of the properties/businesses shall also be examined. The
agent shall be a trustworthy individual, and to maintain the relationship, a
thorough background check of the agent shall also be done. 


THE PROCEDURE OF AN IRREVOCABLE POWER OF ATTORNEY

To draft a power of attorney, a professional will be required, following
registration as per the applicable law. In the case where the irrevocable power
of attorney is required to be registered, it needs to be printed on stamp paper.
However, its registration is not mandatory unless the subject matter of the
irrevocable power of attorney is immovable property. 

Though, it is advisable to have the document registered at the respected
sub-registrar’s office subject to the laws of the state. Following this, the
irrevocable power of attorney must be notarized in the prescient of two
witnesses, who shall be signatories to it and affirm the contents of the
document.


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LEGAL REQUIREMENTS OF AN IRREVOCABLE POWER OF ATTORNEY

The individual executing an irrevocable power of attorney must make sure that
the parties are legally authorized to initiate the relationship. The Principal
and agent must be of legal age to sign the document. There must be no coercion
or undue influence. Further, the parties signing the irrevocable power of
attorney shall do so in the presence of two witnesses. 


THE AID OF A PROFESSIONAL IN DRAFTING THE POA

When drafting a power of attorney, it is pertinent that the individual drafting
the irrevocable power of attorney has legitimate knowledge of legal jargon that
shall be appropriately utilized while drafting. Any ambiguity, irrelevant to how
small in the terms, can jeopardize the claims of the parties. 

This makes it even more important to have a professional lawyer to assist with
the drafting procedure. Having expertise in the area of documentation. A lawyer
documenting the irrevocable power of attorney would be aware of the nitty grits
of the legal procedures and requirements involved in drafting the irrevocable
power of attorney. 

Further, with the required expertise, the lawyer would also become necessary as
he would guide the parties in signing the irrevocable power of attorney and make
sure that mistakes that would create hindrances or render non-performance of the
document could be eliminated. So the circumstance of further legal procedures
doesn’t arise.


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Attorney. Secure Your Rights Today!

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CONCLUSION

Now that we know, an Irrevocable Power of Attorney is a legal document that is
used to delegate legal authority to someone else. The individual signing the
document of power of attorney is known as the Principal. The irrevocable power
of attorney endows the legal authority of one individual onto another.

It’s not a mandate to register a power of attorney unless the subject matter is
an immovable property. A power of attorney is utilized in several matters like
managing property, conducting banking transactions, making decisions regarding
investments in stocks, bonds & mutual funds, making legal claims and conducting
litigation, attending to tax and retirement matters, and making gifts on behalf
of the Principal, etc. 

It is an important instrument for establishing the Principal and agent
relationship. However, a professional must be sought to draft this document owed
to its legal technicalities. This is also necessary to avoid any legal
complications that may arise in the future. 

Power of attorney for the property of an immovable nature must be registered,
notarised, and attested by two witnesses. To know more about the procedure of
drafting and registering an irrevocable power of attorney, get legal
consultation.

AN IRREVOCABLE POWER OF ATTORNEY IS A TECHNICAL LEGAL INSTRUMENT USED TO
ESTABLISH A LEGITIMATE LEGAL RELATIONSHIP BETWEEN THE PRINCIPAL AND
ATTORNEY-IN-FACT. TO KNOW MORE ABOUT THIS LEGAL INSTRUMENT AND THE PROCEDURE OF
REGISTERING IT, GET LEGAL CONSULTATION. .

Consult Lawyer Nowirrevocable power of attorneylegal requirements of an
irrevocable power of attorney

Adv. Priyanka Sampathy

★★★★★

5

5 | 163+ User Reviews

Priyanka Sampathy is a legal consultant who prioritises ethical and professional
conduct while striving to achieve desired outcomes. With over 15 years of
independent practice, she has significant expertise in handling legal cases. Her
exceptional communication skills enable her to express arguments in a clear and
persuasive manner, both in writing and verbally, in Hindi, English, and Telugu.

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