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The Scope of a Power of Attorney

A power of attorney can be an essential part of an estate planning portfolio. A general durable power of attorney, which remains in effect even if the principal becomes incapacitated after signing it, can allow someone to manage the person’s financial assets without the expense and hardship associated with a guardianship. It is usually a very general document with broad powers.

However, some people want to limit the amount of power given to the attorney in fact. Fortunately, a power of attorney can be limited in various ways. For example, a springing power of attorney can only come into effect if the principal become incapacitated, limiting the power of the attorney in fact to only those times when the principal is in fact incapacitated. In addition, a standard power of attorney can be drafted which limits the power of the attorney in fact to perform only certain transactions, or even just one particular transaction.

Somewhat flexible, but not too flexible is the goal.

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