Power of Attorney in Pakistan: Types, Execution and Revocation

A Power of Attorney (POA) is an important legal document that allows one person to authorize another person to act on their behalf in specific legal, financial, property, or other matters.

For overseas Pakistanis, a properly drafted and executed Power of Attorney can be particularly useful when they are unable to travel to Pakistan to personally handle their affairs.

1. What Is a Power of Attorney?

A Power of Attorney is a legal document through which one person, known as the principal or executant, authorizes another person, known as the attorney or agent, to act on their behalf.

The authority granted may be limited to specific acts or may cover a broader range of matters, depending on the type and wording of the Power of Attorney.

For example, a person may authorize a trusted individual, lawyer, or other suitable representative to handle property transactions, legal proceedings, documentation, or other specified matters on their behalf.

2. How Is a Power of Attorney Executed Legally?

The execution requirements for a Power of Attorney depend on the circumstances, including whether it is being executed in Pakistan or by an overseas Pakistani.

The document should clearly identify the person granting the authority, the person receiving the authority, and the specific powers being granted.

A person should authorize only a trusted individual, lawyer, or suitable representative and should ensure that the document is properly drafted, signed, witnessed, and authenticated according to the applicable legal requirements.

For an overseas Pakistani, additional requirements may apply depending on the country where the Power of Attorney is executed and how it will be used in Pakistan.

3. What Are the Types of Power of Attorney?

There are two commonly used types of Power of Attorney:

General Power of Attorney

A General Power of Attorney (GPA) grants broader authority to the attorney to act on behalf of the principal in multiple matters specified in the document.

Because of the broad authority it may provide, a General Power of Attorney should be drafted carefully and should clearly define the powers being granted.

Special Power of Attorney

A Special Power of Attorney (SPA) grants authority for a specific purpose or particular transaction.

For example, a person may authorize someone to represent them in a particular legal matter, manage a specific property transaction, or perform a particular act on their behalf.

A Special Power of Attorney is generally more limited in scope than a General Power of Attorney.

4. Can a Power of Attorney Be Cancelled or Revoked?

Generally, a Power of Attorney may be revoked or cancelled by the person who granted it, subject to the terms of the document and the applicable law.

The appropriate procedure for revocation may depend on the nature of the Power of Attorney, the circumstances in which it was granted, and whether any rights have already been created or exercised under it.

Therefore, anyone considering revoking a Power of Attorney should obtain appropriate legal advice and follow the applicable procedure.

Conclusion

An overseas Pakistani may execute a Power of Attorney in favour of a trustworthy person to manage specified affairs in Pakistan when personal presence is not possible or practical.

However, an improperly drafted or executed Power of Attorney can create serious legal complications, particularly in relation to property and financial matters.

The document should therefore clearly define the powers being granted and be drafted, executed, and authenticated in accordance with the applicable legal requirements, preferably with the assistance of a qualified lawyer.

If you are an overseas Pakistani planning to execute a Power of Attorney for use in Pakistan, professional legal guidance can help ensure that the document properly reflects your intentions and complies with the applicable requirements.