Attorneys Aberdeen SD

I'll assume the phrase "power of attorney plus" is akin to a durable power of attorney as it relates to the term nondurable power of attorney. The former is a general authorization for a person's ("principal's") designated person ("agent") to act for or on behalf of the principal. Contrary to a nondurable power of attorney, which is used for a specific transaction, a durable power of attorney is broad in scope and is in effect until revoked by the principal, or upon that principal's death.

Christopher Allan Jung
Po Box 490
Aberdeen, SD
State Licensing
Minnesota

Schutz, Raymond M - Siegel Barnett & Schutz Llp
(605) 225-5420
415 South Main Street
Aberdeen, SD

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Susan Shay Brugger
(602) 692-1776
518 MAIN AVE
BROOKINGS, SD
Education
University of South Dakota
State Licensing
Arizona

John William Burke
(605) 348-7516
4200 Beach Dr #1
Rapid City, SD
State Licensing
Minnesota

Langu Okall
(605) 335-9673
Po Box 358
Sioux Falls, SD
State Licensing
DC

Stacy Marie Johnson
(605) 225-2232
305 Sixth Av Se, Po Box 970
Aberdeen, SD
State Licensing
Minnesota

Reed Thomas Mahlke
415 Eighth St S
Brookings, SD
State Licensing
Minnesota

Kerry Elizabeth Larsen
(202) 662-4794
2101 South Main Ave
Sioux Falls, SD
State Licensing
Maryland

John F. Hagemann
(605) 677-5259
414 E Clark St
Vermillion, SD
Education
U Of Wisconsin
State Licensing
Wisconsin

Angela Marie Stewart Downham
2112 W 33rd St
Sioux Falls, SD
State Licensing
Minnesota

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Defining Terms

Q: Can you please explain the difference between Power of Attorney and Power of Attorney Plus

 

I'll assume the phrase "power of attorney plus" is akin to a durable power of attorney as it relates to the term nondurable power of attorney. The former is a general authorization for a person's ("principal's") designated person ("agent") to act for or on behalf of the principal. Contrary to a nondurable power of attorney, which is used for a specific transaction, a durable power of attorney is broad in scope and is in effect until revoked by the principal, or upon that principal's death.

An example of use for a nondurable power of attorney is when one needs to close on a sale of a residence or business and is traveling abroad or is not otherwise available to attend. An agent (often an attorney) is given a notarized nondurable power of attorney to facilitate execution of that transaction. An example of a durable power of attorney is when the principal is not physically or mentally competent to make a decision, and prior to reaching that state (or by court order) authorizes an agent to act on their behalf.

While an agent is obligated to act in the principal's best interests, one must be careful as a power of attorney is a powerful document that can be abused, particularly durable powers of attorney. Indeed, an unscrupulous agent can abuse that authority and transfer the principal's assets or property to themselves or others. Make sure the agent is trustworthy, and provide for an auditing mechanism by you or a disinterested third party where feasible to help ensure that all is handled properly. Also remember that different jurisdictions have different rules for powers of attorney, so the assistance of council is recommended.

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DISCLAIMER: This publication is distributed with the understanding that it does not constitute legal advice or establish an attorney/client relationship by way of any information contained herein. The information provided is for general purposes only, as readers are advised to consult with a qualified lawyer regarding the specifics of their particular circumstances.


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