Attorneys Bismarck ND

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.

Paul Henry Myerchin
Espeseth Llp, 418 E Broadway Ave Ste 240
Bismarck, ND
State Licensing
Minnesota

Daniel J Vondrachek II
(206) 856-7531
115 Fairway Ct
Bismarck, ND
Education
University of South Dakota School of Law,University of North Dakota
State Licensing
Washington

John W Breen Jr
717 Williams Street
Bismarck, ND
State Licensing
Connecticut

Rebecca S Thiem
316 North 5th St, Box 1695
Bismarck, ND
State Licensing
Minnesota

Jacob Tyler Rodenbiker
(701) 328-2440
Po Box 1292
Bismarck, ND
Education
University of Minnesota Law School,University of Notre Dame
State Licensing
Florida, North Dakota

Chris A. Edison
Po Box 4007
Bismarck, ND
State Licensing
Minnesota

Brian Raymond Bjella
(701) 223-6585
400 E Broadway #600, Po Box 2798
Bismarck, ND
State Licensing
Minnesota

John W Breen
717 Williams St
Bismarck, ND
State Licensing
Minnesota

Jennifer Leigh Verleger
(701) 328-3537
500 N 9th St
Bismarck, ND
State Licensing
Michigan

Robert J Snyder
1009 N 14th St
Bismarck, ND
State Licensing
Minnesota

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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