What is the Difference between General Power of Attorney and Special Power of Attorney

In this post we will discuss:

 

1. Meaning of Power of Attorney

2. Types of Power of Attorney

3. What is the difference points between these two?

Power of Attorney:- 

Power of Attorney is an formal instrument that is used to confer authority on another person to legally act on their behalf.

Types:- Generally there are two types of General Power of Attorney and Special Power of Attorney.

General Power of Attorney:-

General Power of Attorney is a legal document authorising one person (called an agent) to act on behalf of another (the principal). The principal grants the agent this authority because he is unable to make the decisions his/herself or not in the position to do the work self due to various reasons.  

This General Power of Attorney  is not specific in nature and the agent would have the authority to make legal, medical, financial and business decisions except  real estate. Power under the General Attorney is wider and it is not possible to predict the legal scenario in advance.

How to terminate the General Power of Attorney:

A general power of attorney may terminate for a number of reasons, including the incapacity of the grantor. In other words, if the grantor dies or becomes incapacitated physically or mentally, then the power of attorney terminates. When added provisions make the power of attorney a durable power of attorney, the rights afforded by the document survive the incapacity of the grantor. If the grantor is incapacitant, the grantee can still exercise her power of attorney

Special power of Attorney

Special power of attorney  is a legal document authorising one person (called an agent) to act on behalf of another (the principal) to perform a specific task only and its purpose it limited to what is written in the Attorney and no other use is allowed.