A special power of attorney is a legal document that allows an individual to give another person the ability to make certain legal or financial decisions on their behalf. The document, also known as a limited power of attorney (LPOA), authorizes one person, called an agent or an attorney in fact, to act on behalf of another person, known as the principal, under specific, clearly laid-out circumstances that may be limited by time frame or scope.

Key Takeaways

• A special power of attorney allows a person (the principal) to authorize another individual (the agent) to make legal decisions on their behalf.
• The agent can act on behalf of the principal only under specific, clearly defined circumstances.
• A general power of attorney is broader, giving the agent the ability to make all legal and financial decisions on behalf of the principal.

Understanding Special Power of Attorney

A power of attorney refers to an agreement between two individuals that allows one individual to act on the other’s behalf. For example, you might want a power of attorney if you are out of the country and unable to carry out a business transaction yourself, or if your abilities are limited by a medical condition. The person who initiates a power of attorney, whether in oral or written form, is referred to as the grantor or principal. The authorized individual named in the agreement is referred to as the attorney in fact or agent. In the case of a special power of attorney, the actions that the agent can take are limited to very specific circumstances.

Because this type of power of attorney is limited to what has been laid out in the signed document, it is particularly important that the principal is very clear about the powers that they want the agent to have. Additionally, the principal may create more than one special power of attorney, naming a different individual in each one.

General Power of Attorney vs. Special Power of Attorney

While a special power of attorney gives the agent authority for a limited set of actions under a restricted set of circumstances—such as buying or selling a home, withdrawing money from an account, or running a business—a general power of attorney is more broad.

A general power of attorney grants the agent the legal right to make all financial and legal decisions on behalf of the principal. An individual who will be out of the country for a year may give an agent extensive powers to carry out transactions such as personal and business financial transactions, bill payments, life insurance purchases, charitable donations, real estate management, and the filing of tax returns.

How to make Power of Attorney in Pakistan

By Sayyed Khubaib Hasan Bukhari

In Pakistan, if you wish to grant another person the legal authority to act on your behalf in any legal matter, it’s important to understand how to make a power of attorney. Creating a legally binding power of attorney will ensure that your affairs are appropriately managed, so this article provides all the essential knowledge you need to understand the whole process.

Being familiar with the various types of Power Of Attorney (POA) documents is important.

You must be aware of the different kinds of POA documents available in order to make one correctly.

An individual who grants an Agent a General Power Of Attorney enables them to do certain activities, such as buying or renting property, managing bank accounts, and signing contracts.

A Special Power Of Attorney (SPA) is a document that assigns limited powers to an agent, while also providing specific details on their duties. For example, when transferring land, an SPA must outline what rights and obligations the agent has in the transaction.

A SPA (Limited Power Of Attorney) grants a limited amount of legal power to an agent – usually just the right to approve or authorize certain decisions, like signing formal documents on behalf of someone else.

Be Selective When Choosing an Agent

You must be acquainted with the requirements of a GPA, SPA, or LPA document. However, ahead of constructing one, you need to contemplate who should be named as your Prime Representative and Secondary Representative – individuals are given authority through your POA document to legitimately represent you when away.

Deliberate everything that may transpire during your leave in concluding as to who will fill these roles. Also, reconsider their respective conditions before choosing them – including any commerce conflicts of interest that may arise in portraying your authority. Putting Together Your File

Once all other steps are taken care of – such as stipulating where any funds should go – then it’s time to construct the document conforming to all pertinent regulations. This will necessitate expertise in Pakistani law and familiarity with fundamental tenets such as normative concerning signatures and witnessing when signing papers relevant to POAs in Pakistan.

Subsequently, once every little thing is done, authenticate all duplicates of the POA so they can be lawfully presented anywhere needed. Record Any Asset-Linked Deals After enrolling at local organizations, if the legislation mandates, any asset-related transactions must likewise get inscribed in applicable governmental agencies.

It’s vital to make sure asset deed transports are accurately registered since default may bring about gruesome outcomes if disputes happen afterward. They are completing All Matters Connected With Your Nonattendance.

When establishing special rules regarding how responsibilities should be administered while absent, most people pick a close family member to take care of any unexpected incidents occurring during the nonappearance. Make sure the selectee is fully cognizant of their duties markedly, and keep pace with any payments due. Offering directives like these will diminish the anxiety of making quick judgments from distant countries abroad without sound counsel on what maneuvers to take throughout those predicaments demanding authorization to act on their behalf.

The following documents are mandatory for Power of Attorney registration in Pakistan

• ID Card copy of the applicant
• 2 Witness ID card copy
• Power of attorney Draft in written form duly signed by the applicant, executor, and the witnesses
• The affidavit required if any

Here is the sample you may copy it and paste it to .doc file and adjust it.

SPECIAL POWER OF ATTORNEY

 This Special Power of Attorney is executed on­­­­­ ……..day of Month…. 2024 at City name and country.

                                    

By

Your name S/O your Father name R/O Complete address in Pakistan Currently residing City and Country having Passport No. Write passport Number here

                                                  (Hereinafter called as Executant)

                In Favor of

Power of Attorney Name S/O his Father name R/O Complete address in Pakistan

                                                   (Hereinafter called as Attorney)

     KNOW ALL MEN BY THESE PRESENT, that I, the Executant want to file a suit (Write here the nature of Suit for Example Title of Suit like Suit for Declaration, etc). while I the Executant have been residing at (Your current City and Country Name) for employment thus being nonresident, it is a very cumbersome rather a little bit impossible for me to manage the affairs of litigation, therefore, I hereby appoint and nominate my real brother (Attorney Name Here) as my special attorney to do the following acts: –

1. 1. TO act, appear, and plead in any case in any Court in which any issue related to the executant’s may be tried or heard or pending or to be instituted in the first instance or appeal or review or revision or execution or in any other stage of its proceeding until it attains finality.

• • To approach all the departments for any rectification, implementation, extraction of documentation, consolidation or any other needful.

• • TO present pleadings, appeals, cross-objections or petitions, execution, review, withdrawal, compromise or other petitions or affidavits or other documents as shall be deemed necessary or advisable for the prosecution/ defense/institution of the cases at all its stages.

• • TO employ any Legal practitioner/Advocate authorizing him to exercise the power and authorities hereby conferred on the Advocate, whenever he may think fit to do so.

• • That to file any suit, appeal, writ, revisions, matters related to tribunals, contempt application, miscellaneous applications, execution petitions, objection petitions, written statements, replies, deposed or tendered any evidence, to give any statement, to sign, to collect the information in her name or my name, compound the matter at any stage or to do anything as per law on my behalf and my accord.

      I, therefore, hereby agree that all acts, deeds, and things lawfully done by the aforesaid attorney, in connection with the affairs mentioned hereinbefore, would be in the name and would be the constructed acts, and deeds done by me. I undertake to rectify and confirm all those would be lawfully done on my behalf by my said Attorney as my substitute including the legal things which have not been specified. 

   IN WITNESS WHEREOF, I have signed/executed this Special Power of Attorney in Bahrain on the 14th  Day of November 2024.

 

Executant

Your Name

CNIC No.00000-000000-0

Passport No. FY0000000

I accept the attorney and responsibilities conferred upon thereto:

Attorney

Name of Attorney    CNIC No.34101-0000000-5

Witnesses: –

1. 1. Name:  Name S/O Father Name R/O Complete address in Pakistan

CNIC: 30000-0000000-0

2. Name: 2nd witness name S/O Father name R/O Complete address in Pakistan

CNIC: 000000-0000000-0

Please note that the Witness must reside with you and they will go with you to the embassy.