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LegalCornerTM - Power Of Attorney F.A.Q.'s

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Q.What is a Durable Power Of Attorney?

A.A Durable" Power of Attorney can be either general or limited, but in either case the authority granted by the principal to the attorney-in-fact stays in effect even if the principal becomes incapacitated. A durable power of attorney is typically used to grant more broad authority (e.g, to manage property, conduct banking transactions, invest or not invest savings, etc..). It is called a durable power of attorney because it remains in effect (unless revoked) even if the principal becomes incapacitated or mentally incompetent.

A general durable power of attorney typically gives the attorney-in-fact broad authority to do whatever is necessary to manage the specified assets.

A special ("limited") durable power of attorney is typically more restrictive in time or authority, or both. A special power of attorney will either set time limits on how long the attorney-in-fact can act, or limit the attorney-in-fact's authority to very particular actions.

Copyright 1999-2019 Melissa C. Marsh. All Rights Reserved. All Information on this website is subject to a Disclaimer and Use Agreement. This information is provided as general information only and should not be construed as legal advice. We advise you to seek the advice of competent legal counsel to address your own specific questions, facts and circumstances.