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Such Power of Attorney may be revoked by the principal or the Power of Attorney holder by the procedure according to law. For revocation of irrevocable Power of Attorney, the principal is required to issue a public notice through local newspapers, without which, the revocation shall stand void.
Although a PoA is something when granted is of an irrevocable nature, if there is gross mismanagement on part of the agent, if the agent breaches the terms of the contract or if the agent acts beyond the scope of the powers, then the PoA can be revoked.
Until an attorney-in-fact's powers are properly revoked, they can continue to legally act for the principal. To cancel a Power of Attorney, the principal can create a document called a Revocation of Power of Attorney or create a new Power of Attorney that indicates the previous Power of Attorney is revoked.
The donor of the power of attorney will have to get a registered cancellation deed (registered from the office of the respective sub-registrar). After that, the principal has to give the holder of the power of attorney the registered cancellation deed, informing him or her of the cancellation.
The General Power of Attorney can be revoked in the same manner which is, Get a notarized document drafted for revocation of the Power of Attorney expressing clearly that you want to revoke the authority of the said person.
Section 202 of the Act states that if the agent in a principal-agent relationship has an interest in the agency then, the power of attorney cannot be revoked without the consent of the agent.
Such Power of Attorney may be revoked by the principal or the Power of Attorney holder by the procedure according to law. For revocation of irrevocable Power of Attorney, the principal is required to issue a public notice through local newspapers, without which, the revocation shall stand void.
Procedure to Cancel the Power of AttorneyDraft a deed of Revocation of the PoA.A notice of revocation of the PoA should be put in a local or national newspaper such that persons with whom the PoA has been interacting with on behalf of the authorising person is informed about the revocation.More items...?
Some of the conditions for revocation are ( by virtue of Section 201 of the Indian Contract Act, 1872): If the principal revokes the Power of Attorney granted to the agent. If either the principal or the Power of Attorney holder or both become unsound of mind, die or is/are adjudicated as insolvent by the court.
Durable Power of Attorney:A Power of Attorney which specifically says otherwise, agent's power ends if principal become mentally incapacitated. However, a power of attorney may say that it is to remain in effect in the event of future incapacity of the principal.