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Power of Attorney - Thomas J. Clarke
Power of Attorney - Thomas J. Clarke

Benefits of an Estate Planning Lawyer

A Power of Attorney is a legal document, notarized and revocable, that gives an individual, the attorney-in-fact, legal authority to act on behalf of the principal. The reason for a power of attorney is that some people cannot properly manage their own financial affairs, so they get another person or persons (though more than one must act in one accord) to handle their affairs. The authority of the attorney-in-fact ceases upon the death of either the principal or the attorney-in-fact. However, a durable power of attorney remains valid through the principal's disability. If a power of attorney is unrestricted, it is called a general power of attorney. If there are restrictions, it is called a limited power of attorney, such as one for a very specific purpose (to sell a home, for instance). If the power only becomes effective upon certain conditions, it is considered a springing power of attorney. That is, there are three types of power of attorney:

  • (1) a durable power of attorney that remains in effect during disability 
  • (2) a temporary power of attorney that generally applies only if an emergency arises
  • (3) a springing (standby) power of attorney that is triggered when there is an incapacity to manage affairs

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