What Is an Irrevocable Power of Attorney?

What is Irrevocable Power of Attorney?

Irrevocable Power of Attorney refers to a type of power of attorney in which the principal does not have the right to dismiss or remove the attorney before the completion of the matters covered by the power of attorney, except in exceptional cases provided by law. In other words, within the scope of authority granted to the attorney, the principal cannot revoke the attorney, and the attorney can carry out the necessary legal actions within that framework.

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Main Features of Irrevocable Power of Attorney

Stability and Continuity: The principal cannot dismiss the attorney for personal reasons or without valid justification.
Protection of the Attorney’s Interests: The attorney can confidently continue handling the assigned matters without concern for sudden dismissal.
Specificity: Irrevocable powers of attorney are usually issued for matters that require continuity and ongoing management, such as property management, long-term contracts, real estate transactions, or legal affairs.

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How Irrevocable Power of Attorney Can Be Terminated

Despite being irrevocable, this type of power of attorney may be terminated or invalidated under the following circumstances:
Expiration of the Power of Attorney Term: If a specific term is set for the power of attorney and that term ends.
Completion of the Matter: Once the purpose or task for which the power of attorney was issued has been fully accomplished.
Mutual Consent: If both the attorney and the principal agree, even an irrevocable power of attorney can be revoked.
Legal Revocation by Court: If the attorney exceeds their authority, commits abuse, or harms the rights of the principal, the court can revoke the power of attorney.
Death or Insanity of the Principal or Attorney: In this case, the power of attorney automatically terminates.

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In Summary

An irrevocable power of attorney is one in which the principal does not have the right to revoke the attorney within the granted authority.
Termination of this type of power of attorney is only possible under legal conditions, mutual agreement, or upon full completion of the matter.