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Q.

How Do I Get Power of Attorney for My Mother?

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To get a Power of Attorney (POA) for your mother, you must first confirm that she is mentally competent and give consent.

  • If you need a Power of Attorney (POA) for your mother so you can legally act on her behalf (e.g., handle finances, property, or medical/legal affairs), the core requirement is that your mother (the principal) must voluntarily grant you that authority through a properly executed document.

  • Determine whether you need a general POA (broad authority) or a special/limited POA (specific tasks, e.g., selling property). The document should clearly list what you are authorised to do.

  • Have a legal professional draft the POA so that it is clear, comprehensive, and legally valid. It must include your mother’s details (name, address), the powers being granted, any limitations, and the term of validity.

  • Your mother must sign the POA in front of at least two independent witnesses. Also, the document should be notarised by a Notary Public to authenticate their signature and capacity.

  • If the POA will be used for immovable property transactions, it is mandatory to register it at the local Sub-Registrar’s office where the property is located. Registration makes the POA legally strong and publicly recorded.

  • Pay the applicable stamp duty as per your state’s Stamp Act. For close relatives, like parents, stamp duty is often nominal (e.g., Rs 500 in many states).

  • After execution and registration, give copies to banks, government offices, and institutions where you’ll act on your mother’s behalf so they recognise your authority.

If your mother lives outside India and you’re obtaining a POA from abroad, the POA must be notarised locally, then apostilled or attested by the Indian Embassy/Consulate, and finally registered in India to be legally effective here.

This is all about how do I get power of attorney for my mother.

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