Aniket Giri (ADVOCATE) 18 January 2014
“A” the principal/donor executed a power of attorney to "B" appointing him as his attorney, but "A" the principal/donor, exercised attorney's duty when the power of attorney is in force.
Now, I know that mere executing the Power of Attorney does not ceases the right of the Principal/donor to exercise the attorney's duty.
Can anyone cite decisions to that effect??
adv.raghavan (Advocate,9444674980) 19 January 2014
Yes. The Agent named in a Power of Attorney is only your representative. As long as you are capable to make decisions, you can instruct your Agent to do only those things that you want done.
Isaac Gabriel (Advocate) 19 January 2014
your presumption is right
T. Kalaiselvan, Advocate (Advocate) 19 January 2014
The principal who is supposed to ratify his power agent's action done on his behalf is doing it himself despite giving power to his attorney. There is nothing wrong in it and it is legal. His attorney cannot question the principal about his action despite giving powers to him.
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