Attorneys Providence RI

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.

Amy Page Oberg
(401) 453-1200
One Turks Head Place, Suite 1200
Providence, RI
State Licensing
Massachusetts

Daniel A Calenda
(401) 331-2191
171 BROADWAY
PROVIDENCE, RI
State Licensing
Massachusetts

Jeffrey B Pine
(401) 351-8200
321 South Main Street
Providence, RI
State Licensing
Massachusetts

Michaela Shea McInnis
(401) 457-7700
321 South Main Street, Suite 200
Providence, RI
State Licensing
Massachusetts

Barbara L Bennett
(401) 598-2838
One Cookson Place, 6th Floor
Providence, RI
State Licensing
Massachusetts

Stephen P. Cooney
(401) 272-3500
123 Dyer Street
Providence, RI
State Licensing
Massachusetts

Juan Carlos Bellido
(401) 444-3103
The CORO Building, 167 Point Street, Suite 2B
Providence, RI
State Licensing
Massachusetts

William W Templeton
(401) 282-7840
1 Citizens Plaza --Rc 0360
Providence, RI
State Licensing
DC

James J. Belliveau
(401) 274-9100
50 PARK ROW W STE 102
PROVIDENCE, RI
State Licensing
Massachusetts

Gerald J Petros
(401) 274-2000
50 KENNEDY PLZ STE 1500
PROVIDENCE, RI
State Licensing
Massachusetts

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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