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Attorneys Butte MT

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.

Thomas Michael Welsch
Poore, Roth, Et Al, 1341 Harrison Avenue
Butte, MT
State Licensing
Missouri

Margot Elaine Barg
(406) 585-5598
1321 W Story St
Bozeman, MT
Education
Univ of Arkansas Little Rock SOL,Centenary Coll
State Licensing
Arkansas, California

David E Oconnor
411 Bonner Lane
Bozeman, MT
State Licensing
Connecticut

James B Mccabe
(208) 720-1793
650 Hogue Dr.
Bigfork, MT
State Licensing
DC

Alan Matthew Lijewski
(555) 555-5555
Po Box 8791
Missoula, MT
State Licensing
Colorado

Robert Francis Dwyer III
(406) 496-6409
220 N Alaska St
Butte, MT
State Licensing
Oregon

Richard Allan Hill
(406) 431-1323
Po Box 4717
Helena, MT
Education
St Cloud State Univ
State Licensing
California

Liana J. Messer
(406) 721-7772
310 W. Spruce St.
missoula, MT
State Licensing
Montana

Elaine Hightower Gagliardi
(406) 243-5094
University of Montana
Missoula, MT
State Licensing
Connecticut, Washington

Walter D Starkel
(406) 683-4301
Po Box 1301
Dillon, MT
Specialties
General Practice
State Licensing
Washington

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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