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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

Mikel L Moore
(406) 751-6000
PO Box 7370
Kalispell, MT
Education
CORNELL U
State Licensing
Arizona

Nancy Sue Lebrecht Martin
Po Box 8161
Missoula, MT
State Licensing
Missouri

Robert T Coulter
(406) 449-2006
602 N EWING ST
HELENA, MT
State Licensing
DC

L Jason Bryan
(406) 752-7122
723 Fifth Ave E Ste 100
Kalispell, MT
Education
U Of Wisconsin
State Licensing
Wisconsin

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

Douglas Donald Harris
(406) 549-5176
322 W Spruce St, Po Box 7937
Missoula, MT
Specialties
General Practice
State Licensing
Washington

Christina Surr Mccann
(406) 728-1694
100 Railroad St W Ste 200
Missoula, MT
State Licensing
Washington

Kelly Dowling Stimpson
(406) 212-6674
300 Chapman Ln
Bigfork, MT
Education
Univ of San Diego SOL,Brigham Young Univ
State Licensing
California

Joseph M. Sullivan
(406) 761-6112
Po Box 3466
Great Falls, MT
Specialties
General Practice
State Licensing
Oregon, 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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