Attorneys Mitchell 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.

Thomas James Van Norman
(605) 964-6686
Po Box 1168
Eagle Butte, SD
Specialties
General Practice
Education
University of Colorado School of Law
State Licensing
Colorado, South Dakota, Washington

Dennis Wayne Murray
110 E. Center Street
Madison, SD
State Licensing
Missouri

Mary Anne Akkerman
(605) 336-3890
300 Phillips Av S #300, Po Box 5027
Sioux Falls, SD
State Licensing
Minnesota

Wayne Leroy Fanebust
(605) 334-7830
705 S Phillips Ave
Sioux Falls, SD
Education
Western State Univ,Univ of California at Los Angeles
State Licensing
California

Sylvia J Cox
(605) 786-7287
1430 Haines Avenue, #378
Rapid City, SD
State Licensing
Massachusetts

Jeffrey Albert Proehl
1830 South 4th Avenue
Sioux Falls, SD
State Licensing
Minnesota

Shane Erik Eden
206 W 14th St
Sioux Falls, SD
State Licensing
Minnesota

Christine Elizabeth Stevens
(605) 261-0852
230 S Phillips Ave Ste 202
Sioux Falls, SD
Education
Western State Univ
State Licensing
California

Arthur G. Sartorius III
(605) 390-6023
Po Box 889
Rapid City, SD
Education
No Law School provided
State Licensing
Florida

Eldon E. Nygaard
(605) 624-4117
1419 E Cherry St
Vermillion, SD
Education
Marquette U
State Licensing
Wisconsin

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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