Difference Between General and Special Power of Attorney?

As a legal student, I came across the terms General Power of Attorney (GPA) and Special Power of Attorney (SPA). I understand that they both allow someone to act on your behalf, but I was unsure of the exact difference between power of attorney and special power of attorney. So, I asked my professor recently. He told me that an SPA is more specific and has a more constrained scope, whereas a GPA offers a greater variety of powers.

Key Difference Between General Power of Attorney and Special POA

When the principal requires thorough management of their affairs, you must select GPA. When the principal needs someone to perform particular duties, SPA is the best option.

Let’s explore the difference between General Power of Attorney and Special Power of Attorney:

• Scope of Authority: A GPA grants broad and comprehensive authority to the agent (also known as the attorney-in-fact). The agent can make decisions related to legal, financial, or medical matters on behalf of the principal (the person granting the power).

• Purpose: GPAs are typically used for various purposes and allow the agent to act on behalf of the principal in a wide range of situations.

• Scope of Authority: An SPA is more limited in scope. It grants specific powers to the agent for a particular task or action. These powers are tailored to deal with a specific matter.

• Purpose: SPAs are used for well-defined purposes, such as handling specific transactions (e.g., property purchase, signing transfer documents) or addressing particular legal or financial matters.

These are the basic difference between power of attorney and general power of attorney.

In summary, while a GPA provides broad authority, an SPA narrows the agent’s decision-making powers to specific actions or transactions. Both types of power of attorney serve different purposes and should be chosen based on the specific needs of the principal. I hope you get an idea of GPA vs SPA difference.

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Let me tell you what a power of attorney is first. A power of attorney is a legal document used in estate planning that permits another person, known as an agent, to make decisions on behalf of the principal, who created the power of attorney, should the principal become unable of doing so. It's crucial to remember that a power of attorney can be applied in situations other than estate planning. 

Now you will be able to understand the difference between general and special power of attorney better.

What is the difference between GPA and SPA in India?

A general power of attorney grants the agent considerable powers. The agent may have the authority to make financial or business decisions, as well as legal or medical decisions.

A special power of attorney limits the options available to the agent. You can even create many POAs, each with a different agent.

You may, for instance, designate your spouse as the exclusive agent for medical decisions under a specific power of attorney. Another POA that would allow a business partner to manage your company's assets in the case of your incapacity may be created.

In other words, you can be more detailed with special powers of attorney. This is the difference between general power of attorney and special.

Difference between special power of attorney and general power of attorney

I hope this table explains to you the

general power of attorney vs special power of attorney.