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WHO IS POA ATTORNEY?

  • Writer: lead India
    lead India
  • Aug 16, 2023
  • 3 min read

A Power of Attorney (POA) attorney is a crucial legal professional who plays a significant role in representing and acting on behalf of individuals who have granted them authority under a power of attorney document.


A Power of Attorney is a legal document that grants an individual, known as the principal, the ability to authorize someone else, the attorney-in-fact or agent, to act on their behalf. The POA attorney is the legal professional entrusted with the responsibility of representing the principal's interests and making decisions on their behalf within the scope of the powers granted in the POA document.


Roles and Responsibilities of a POA Attorney

The roles and responsibilities of a POA attorney are as follows-

  • Acting on Behalf of the Principal- A POA attorney is appointed to handle various legal, financial, or personal matters on behalf of the principal. This can include managing bank accounts, signing contracts, making healthcare decisions, handling property transactions, or conducting business affairs.

  • Fiduciary Duty- A POA attorney has a fiduciary duty towards the principal, meaning they must act in the principal's best interests, exercise reasonable care, and avoid any conflicts of interest. They are legally obligated to make decisions that benefit the principal and not use their position for personal gain.

  • Understanding the Powers Granted- The POA attorney must carefully review the specific powers granted in the POA document. They should be knowledgeable about the scope of their authority, limitations, and any specific instructions or conditions set by the principal. It is crucial for the attorney to act within the boundaries of the granted powers.

  • Decision-Making and Consent- The POA attorney must make informed decisions on behalf of the principal, taking into account their preferences and values, especially in areas such as healthcare and end-of-life decisions. They should communicate with the principal to understand their wishes and seek their consent whenever possible.

  • Record-Keeping and Reporting- A POA attorney is responsible for maintaining accurate records of all transactions, actions, and decisions made on behalf of the principal. They may be required to provide periodic reports to the principal or other designated individuals, demonstrating transparency and accountability.

  • Regular Communication- Open and regular communication between the POA attorney and the principal is essential. The attorney should keep the principal informed about any significant decisions, actions taken, and changes in their circumstances. This ensures the principal remains involved and informed about matters affecting their interests.

Process to Appoint a POA Attorney

Appointing a Power of Attorney (POA) attorney involves several steps-

  • Determine your needs- Identify the specific areas where you require assistance or representation, such as financial matters, legal affairs, or healthcare decisions.

  • Choose an attorney- Select a trustworthy individual whom you want to appoint as your POA attorney. Consider their competence, reliability, and understanding of your needs.

  • Consult with an attorney- Seek the guidance of a qualified attorney experienced in estate planning and POA matters. They will explain the legal requirements and help you customize the POA document to your specific needs.

  • Discuss powers and terms- Have a thorough discussion with the chosen attorney to determine the scope of their powers and any limitations or conditions you want to include.

  • Draft the POA document- The attorney will prepare the POA document based on your discussions. It should clearly state your name, the appointed attorney's name, the powers granted, and any restrictions or instructions.

  • Execute the document- Sign the POA document in the presence of witnesses, as required by local laws. It may also need to be notarized.

  • Distribute copies- Provide copies of the executed POA document to the appointed attorney and relevant parties, such as financial institutions or healthcare providers.

  • Inform key individuals- Notify trusted family members or friends about the appointment of the POA attorney and share relevant contact details.

  • Review and update- Regularly review the POA document and make updates when necessary, especially in the event of major life changes or the passing of the appointed attorney.

You will need the help of a poa attorney to represent and act on behalf of an individual (the principal) according to the powers granted in a power of attorney document. The POA Attorney helps in facilitating the execution and notarization of the power of attorney affidavit.


The POA Attorney, in the case of real estate power of attorney, helps in managing real estate transactions, signing documents, and making decisions related to real estate matters on behalf of the principal.


You can talk to a lawyer at Lead India for any kind of legal advice. In India, free legal advice online is available. Along with free legal advice online you can ask questions to experts online free in Lead India.


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