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.

Timothy Lee James
(605) 665-0594
Po Box 879 721 Douglas Suite 102
Yankton, SD
State Licensing
Illinois

Kerry Elizabeth Larsen
(202) 662-4794
2101 South Main Ave
Sioux Falls, SD
State Licensing
Maryland

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

Abigail Marie Biermaier
3204 Auburn Hills Cir W
Sioux Falls, SD
State Licensing
Minnesota

David Marshall Bearden Jr.
(605) 965-2200
4615 N. Lewis Ave.
Sioux Falls, SD
Education
University of Texas
State Licensing
Texas

Jonathan Keith Vanpatten
(605) 677-5361
414 E Clark St
Vermillion, SD
Education
UCLA SOL,Univ of California at Los Angeles
State Licensing
California

Mark Chalos
(615) 313-9000
150 Fourth Ave. N., Ste. 1650
Nashville, SD
Specialties
Class Actions
Education
Law School : Emory University
Admitted To Bar : 1998
Professional Memberships
American Bar Association, Association of Trial Lawyers of America, Tennessee Bar Association, Tennessee Trial Lawyers Association, Nashville Bar Association

Data Provided by:
John F. Hagemann
(605) 677-5259
414 E Clark St
Vermillion, SD
Education
U Of Wisconsin
State Licensing
Wisconsin

Langu Okall
(605) 335-9673
Po Box 358
Sioux Falls, SD
State Licensing
DC

Timothy Dolan Kaiser
(605) 373-3151
100 N. Phillips Ave Fourth Floor
Sioux Falls, SD
State Licensing
Illinois

Data Provided by:

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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