in Contracts Law
Asked May 02, 2016

power of attorney being revoked unilaterally

  • 1 Answer

can power of attorney be revoked by the attorney holder unilatterally?

Answer 1

Yes, a power of attorney (PoA) can be terminated or cancelled by the principal (i.e. the one who has give the POA) by revoking his authority AS WELL AS by the power of attorney holder  renouncing his/her authority. Agent can renounce the agency by giving notice to the principal. However, before doing so, you must make sure that the renunciation does not violate Section 202 of the Contract Act: As per S. 202 of the Contract Act is applied, if the POA holder has an interest in the said property, then he/she cannot renounce the PoA unilaterally. It has to be done only by another contract. For example: Suppose A owes B some money, and in order to pay him back, A gave B this PoA. Such a POA can only be terminated by another contract. Also, unilateral termination of the agency by the agent can be done only after he has fulfilled the obligations to the principal under the agency agreement, otherwise he will be liable to the principal for the breach of the agency agreement. In case the PoA had been in widespread use then it is always advisable to publish a public notice in a newspaper which has reasonable circulation in the city where the POA was issued, about the renunciation.
Agree Comment 0 Agrees over 5 years ago

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