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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.




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