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.

Thomas A Warnock
(302) 774-0167
1007 MARKET STREET, D7154
Wilmington, DE
State Licensing
Delaware

Robert V. Crites
(302) 652-2222
1112 SHALLCROSS AVE
WILMINGTON, DE
State Licensing
Pennsylvania

Brett E Bendistis
(302) 658-4474
1423 N. HARRISON STREET
Wilmington, DE
Education
Widener University School of Law
State Licensing
Delaware

David L Baumberger
(302) 777-0100
THREE MILL ROAD, SUITE 301
Wilmington, DE
State Licensing
Delaware

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

Andrew L Schaeffer
(302) 774-3851
1007 MARKET STREET, D4034-3
Wilmington, DE
State Licensing
Delaware

Matthew J Lynch Jr.
(302) 432-6720
1901 WOODLAWN AVE.
Wilmington, DE
State Licensing
Delaware

Christopher M Coggins
(302) 652-2900
1925 LOVERING AVE.
Wilmington, DE
State Licensing
Delaware

Laura Henderson Huggett
(215) 844-2445
Ei Dupont De Nemours and Co, 1007 Market Street D7032
Wilmington, DE
Education
UNIV TN
State Licensing
Pennsylvania, Tennessee

Peter C Mester
(302) 774-6445
1007 MARKET STREET, D2054
Wilmington, DE
State Licensing
Delaware

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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