Attorneys Wilmington DE

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.

Carolyn G Connors
(302) 774-3068
1007 MARKET STREET, D-7162, DUPONT BLDG.
Wilmington, DE
State Licensing
Delaware

Marc D Ippoliti
(302) 655-4040
1300 N. GRANT AVE., STE 101
Wilmington, DE
State Licensing
Delaware

Ernest A Tuckett III
(302) 774-1553
1007 MARKET STREET ROOM D 7024
WILMINGTON, DE
State Licensing
DC

Kathleen B. Shea
(302) 432-0735
Bank of America De5-001-02-04, 1100 N King Street
Wilmington, DE
State Licensing
Pennsylvania

Donna L Goodman
(302) 773-0704
1007 MARKET STREET, D7014
Wilmington, DE
State Licensing
Delaware

Eric John Monzo
(302) 425-5089
Nemours Bldg, 1007 Orange St Ste 1130
Wilmington, DE
State Licensing
New Jersey

Antonia S Bevis
(302) 656-7247
1716 WAWASET STREET
Wilmington, DE
State Licensing
Delaware

Evan Wilner
(302) 428-0460
1502 Gilpin Ave
Wilmington, DE
State Licensing
Michigan

Vera M Toliver
(302) 594-7110
1313 N. MARKET STREET
Wilmington, DE
State Licensing
Delaware

John Ellsworth Griffiths
(302) 892-7909
Ei Du Pont De Nemours and Co, Legal
Wilmington, DE
Education
Widener University
State Licensing
Ohio, Pennsylvania

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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