Power of Attorney Lawyer
General POA versus specific POA creates different risk-utility profiles. General Power of Attorney grants broad authority across multiple matters and transactions. Specific Power of Attorney limits authority to particular transactions or defined acts. General POAs offer convenience but create significant risk—attorney can potentially do anything principal could do. Specific POAs protect principal but require new POAs for different matters. Choosing between general and specific POA depends on relationship with attorney, intended duration, and transactions contemplated. Broader power creates greater convenience and greater risk.
Property transactions through POA carry heightened risks requiring verification. Banks, buyers, and authorities scrutinize POA property sales because fraud is common. Someone might lack actual authority despite holding POA, POA might be forged, or principal might not have intended the transaction. POA property transactions require verification beyond document checking—confirming principal consent, ensuring POA remains valid, verifying POA scope covers intended transaction. Building verification layers protects buyers from fraud. One forged or misused POA can destroy property investment.
POA revocation requires proper process and notification. Principals can revoke POA when attorney relationship ends or when authority is no longer needed. But revocation effectiveness requires notifying relevant parties. Attorneys sometimes continue acting after revocation. Third parties might not know about revocation. Proper revocation requires drafting revocation documents, notifying attorney, and informing third parties who might rely on POA. Some situations require publication of revocation notices. Simply executing revocation document without notification creates gap between legal revocation and practical effect.
POA abuse creates disputes requiring legal intervention. Attorneys might exceed authority, act for personal benefit, or refuse to account for actions. Principals discovering attorney misconduct need remedies—revocation, recovery of property or funds, sometimes criminal proceedings. POA abuse cases require proving unauthorized acts and resulting damages. Legal remedies include civil suits for recovery, criminal complaints for breach of trust or fraud, and applications for setting aside unauthorized transactions. Preventing POA abuse requires careful attorney selection, limited authority grants, and regular oversight of attorney actions.
Business POAs differ from property POAs in scope and requirements. Business operations require POAs for banking, contract signing, authority appearances, and operational decisions. Business POAs must grant sufficient authority for effective operations while protecting principal from overreach. Some business POAs specify monetary limits—attorney can commit up to certain amounts without additional approval. Others grant authority for specific functions—banking yes, property transactions no. Business POA drafting requires understanding business operations rather than using property POA templates not fitting business needs.
POA registration versus notarization creates different legal effects. Registered POAs carry stronger evidentiary weight and provide public notice. Registration requires sub-registrar office procedures, costs more, and takes more time. Registered POAs are harder to challenge than notarized POAs. Notarized POAs offer convenience and lower cost but face more scrutiny from banks and authorities. Choice depends on POA purpose, intended duration, transactions involved, and parties requiring POA. Not every POA needs registration. Not every notarized POA provides adequate protection. Registration decision should be strategic based on specific circumstances.
