• Is special power of attorney irrevocable ?

I am going to get Special Power of Attorney, is it revocable? How should I ensure it's not cancellable or revocable?
Asked 4 years ago in Property Law
Religion: Hindu

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16 Answers

See even if in power of attorney it is written it is irrevocable then also principal can revoke it and also the duration and validity of power of attorney is written In power of attorney. 

Also power of power of attorney is revoked on death of principal.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

It should be mention in SPA that it is irrevocable. Since this is for specific purpose, once done will automatically expire.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

Power of attorney can be revoked by the principal 

 

2) POA if coupled with consideration cannot be revoked 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

Dear Client,

Power of attorney is revocable if the principal reserves the right to revoke the power at any time. Once the principal revokes the power, the agent can no longer act on the principal's behalf.

But power of attorney can be made irrevocable if the document includes a provision that specifically states that the principal gives up the right of revocation or otherwise indicates that the power is irrevocable.

As a practical matter, an irrevocable power of attorney is rarely used and is typically limited to a specific purpose.

Jaswant Singh
Advocate, Gurugram
929 Answers
2 Consultations

4.8 on 5.0

-  Special Power of Attorney is revocable like any other contract .

- Be sure that there is no any termination /cancellation clause in the SPA .

- Try to registered the SPA, because if your SPA will be registered, then for the cancellation the executor/Principal will have to registered a Deed of Cancellation , after informing you for the same.

- Further , SPA can be made irrevocable if it is given with due consideration and if it specifically mentions that it is irrevocable. 

 

Good Luck and dont forget to rating Positively

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

It should be drafted as irrevocable power.

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

If the same is an revocable power of attorney then it can be revoked. If revocable then not

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

A clause to this effect that this poa is irrevocable must be embodied in the Poa to make this irrevocable.

Irrevocable poa can be cancelled under exceptional circumstances by giving paper publication only. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

Hi

The purpose of SPA is to do a certain act / activity on behalf of principal.  

It is issued for a limited purpose and its scope is also limited.

You cannot do any thing to have SPA for eternity.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

The revocability of the agency depends on the interest of the agent he has in the agency so created.

In other words gratuitous agency can be revoked by the Principal at any point of time whereas the agency coupled with interest can not be revoked by the Principal at his whims or fancy.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

You have to draft SPOA in this sense that it will be life long and not for limited period and limitations subject matter.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

1. It depenbds on the subject matter of the said power of attorney.

 

2. If it has been executed after taking consideration for some commercial or personal purpose which has been mentioned in the said SPA, then it will be considered as irrevocable unless agreed by both the parties concerned.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

You can cancel the special power of attorney by sending a cancellation notice to the holder of power of attorney and making a cancellation agreement.

You can add a clause for making the power of attorney irrevocable.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

an irrevocable power of attorney can be revoked in some situations. If the agent or attorney-in-fact is abusing his position by acting in a manner contrary to the best interests of the principal, a court action can be filed to revoke the power.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

The special power of attorney deed is executed for a special purpose only and it will stand cancelled or revoked automatically after the task is completed.

However if the principal wants to cancel the same even before it, he can very well do it by giving a notice to the power of attorney holder.

A power of attorney can be made irrevocable if the document includes a provision that specifically states that the principal gives up the right of revocation or otherwise indicates that the power is irrevocable. As a practical matter, an irrevocable power of attorney is rarely used and is typically limited to a specific purpose.

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

Any power of attorney, whether general or special, can be legally revoked (cancelled) at any time during the lifetime of the principal (the person who executes the PoA).

Swaminathan Neelakantan
Advocate, Coimbatore
2773 Answers
20 Consultations

4.9 on 5.0

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