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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Estate Law
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What is the difference between durable unlimited power of attorney,

Resolved Question:

What is the difference between durable unlimited power of attorney, and general durable power of attorney?
Submitted: 6 years ago.
Category: Estate Law
Expert:  AlexiaEsq. replied 6 years ago.

Dear Hockey,

 

Good evening. With regard to your posted question:

 

What is the difference between durable unlimited power of attorney, and general durable power of attorney?

 

There is no difference, although I guess it can depend upon semantics. A POA is unlimited unless otherwise limited specifically. The "durable" notation refers to the fact that it will endure even if the subject person becomes incapacitated. It "endures".

 

A "general" or power of attorney is unlimited in scope, and permits the named individual to act as your legal representative in relation to financial matters until such time as it is revoked. (The converse with regard to the POW would be if specifics were made to what is controls. A "specific" power of attorney imposes limits upon the named representative, and may restrict the scope of that person's powers to a single type of conduct or a single transaction. For example, the person could be granted the power to engage in financial transactions from a specific checking account, or to sign the closing documents for a specific real estate transaction.)

 

Either a limited/specific POA or an general POA can be limited in its duration. Even a "durable" POA can be limited expressly for a set amount of time.

 

 

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