Power of Attorney:
Power of Attorney is the legal document that allows the other person known as an agent to make decisions on behalf of the Principal (who gives power of attorney) to make decisions on behalf of the Principal. The grantor of power of attorney can give authority to other persons on business, property, or other personal matters to make decisions when the Principal is not available or incapable due to certain reasons.
Cancellation of Power of Attorney
The grantor of POA has the legal right to cancel the POA with the help of legal notice and submitting the revocation form. This will officially and legally help to end the status and validity of POA. The principal can also cancel the POA if the agent does something against the terms and conditions of the contract. Before drafting the notice for cancellation of POA it is suggested to seek help from an expert lawyer who will help to draft the legal notice according to law and as per the requirement of the client.
Drafting a Legal Notice for Cancellation of Power of Attorney
The grantor of POA must hire an expert and experienced lawyer who have good knowledge and complete information on the subject so that he can help you to draft the exact notice according to the format. However, the important key elements that must be part of cancellation notice are:
- Must legally draft the cancellation notice
- Complete name, description and particulars of the person
- Complete name, description and particulars of the grantor of POA Reasons and description for canceling POA
- Complete details and description of the incident of the case
- A specific time for revoking the POA
Scenarios When the Principal Can Send the Legal Notice for Cancellation of Power of Attorney.
The grantor of POA can cancel the POA due to multiple reasons. The common reasons for cancellation of POA are:
- When principal wishes to appoint someone else as an agent: If the grantor of POA wishes to appoint someone else or feels that there is a need to appoint someone else due to certain violation of terms and condition of the agreement by an agent or any illegal activity or fraud is being committed by the agent; then principal has the right to cancel the POA. An Agent is no more fit to perform responsibility: If the grantor of POA feels that the agent is no more fit to perform duties due to any medical or personal reasons or is not trustworthy; in this situation, the principal can appoint someone else on his/her behalf.
- When the agent can no longer act: The principal can cancel the POA if the agent is unavailable or moves to another country and cannot show his/her physical presence then the principal can appoint someone else as agent or attorney to handle matters on his/her behalf.
- The power of attorney is no longer necessary: If the POA was granted for some specific (such as transaction or sale/purchase of property) purpose then after fulfilling the purpose principal can cancel the POA by legally drafting the notice and mentioning that the purpose has been fulfilled and POA is no longer required.
- If Agent(s) passes away: Death is uncertain and can come any time. If the appointed agent passes away, then the principal will draft a legal notice with the help of an expert for the cancellation of the POA.
Eligibility to send a legal notice for cancellation of Power of Attorney
- If the POA has been signed by two principals’ then one principal cannot cancel it yet alone and must require the signature of both principals. If the execution of a POA is by several executors, then it can be canceled by a single Principal.
- If one of the agents withdraws from duties, then in this case the other person will not affect his/her contract and can continue to perform the assigned duties by the Principal.
- If a POA is granted by any company then in case of dissolution of company the POA becomes automatically invalid.
- The POA becomes invalid after the death of the grantor.
What if the agent disagrees with the Principal?
If the case agent disagrees with any decision made by the Principal, then the agent can take the case to court and the court will make the final decision for both parties.
Power of Attorney Drafting Services in the UAE
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