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Attorneys Helena 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.

Steven T Wade
(406) 443-6820
PO Box 1697
Helena, MT
Education
U OF MT
State Licensing
Arizona

Chad Robert Vanisko
(406) 443-6820
Po Box 1697
Helena, MT
Education
Vanderbilt Univ SOL,Carroll Coll
State Licensing
California

Peter G Scott
(406) 442-8560
33 S Last Chance Gulch
Helena, MT
State Licensing
Oregon

Charles Stephen Wassell
(406) 227-5206
Po Box 574
Helena, MT
Education
Georgetown Univ Law Ctr,U S Merchant Marine Acad
State Licensing
California, Florida

James E Brown
(406) 443-2211
44 W 6th Ave Ste 200, Po Box 1185
Helena, MT
Specialties
Agriculture, Tax, Environmental, Estate Planning, General Practice
State Licensing
Washington

Mark D Etchart
(406) 443-6820
Hoven, Po Box 1697
Helena, MT
State Licensing
DC

Charles S. Wassell
(406) 227-5206
P.O. Box 574
Helena, MT
State Licensing
Colorado

Sarah Ashley Loble
100 N Park Ave Ste 300, Po Box 797
Helena, MT
State Licensing
Washington

Mary Ann Osmundson
(406) 443-6820
825 Great Northern Blvd, Po Box 1697
Helena, MT
State Licensing
Minnesota

Niki Marie Zupanic
(406) 461-5178
Po Box 1317
Helena, MT
Education
McGeorge SOL Univ of the Pacific,Univ of Redlands
State Licensing
California

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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