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Q.

Can a Lawyer be a Power of Attorney?

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Summary
Yes, a lawyer can be appointed as a Power of Attorney (POA) in India. However, a lawyer cannot act as both the POA and the advocate for the same client in the same case, as per the Advocates Act, 1961 and Delhi High Court rulings. When choosing a POA, one should select a trustworthy person, and if it’s a lawyer, they must not represent the client in the same legal matter to maintain ethics and fairness.
0 2026-01-29T23:37:54+00:00

Yes, a lawyer can be a Power of Attorney (POA). Indian law allows any competent adult to act as a POA. This includes a lawyer, accountant, banker, friend, or family member. The person giving the POA can choose anyone they trust.

Important Limitations on Lawyers Acting as a Power of Attorney

  1. A lawyer cannot act in two roles in the same case. If a lawyer acts as a Power of Attorney holder for a client, the lawyer cannot also appear as the advocate for that client in the same matter. The Delhi High Court has clearly stated that this practice goes against the Advocates Act, 1961.

  2. An advocate must play only one role in a legal case. If the lawyer appears as an advocate, they must act only as a lawyer. They cannot verify pleadings, sign documents, file applications, or give evidence as a Power of Attorney holder for the same client. Courts must strictly ensure this rule.

  3. In a Delhi High Court case, a lawyer acted as both the Power of Attorney holder and the counsel for a client who lived abroad. The Court held this to be impermissible. The lawyer then agreed to stop acting as an advocate in that matter, and the Court did not pass further orders on that issue.

So, the position is clear:

  1. A lawyer can be appointed as a Power of Attorney.

  2. A lawyer can represent a client as an advocate.

  3. But a lawyer cannot do both in the same case.

When choosing a Power of Attorney, the person should select someone honest, reliable, and capable of making clear decisions. Many people choose family members to save costs and protect privacy. If they choose a lawyer, they must ensure that the lawyer does not act as their advocate in the same legal proceedings. This rule protects fairness, ethics, and the integrity of the legal system. Hope this helps you.

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