Limited Vs Durable Power of Attorney Form – What are the Differences?
A Power of Attorney happens to be a document that is used to authorize someone with power, if some disability or ailment incapacitates a principal (the person who prepares the document). The appointed agent or attorney-in-fact can even act for the principal if the person is not available readily for signing off on legal or financial transactions. There is a lapse of the power of attorney when the principal revokes it or dies, or when a court of law invalidates it. There is even an end of POA when the principal divorces a spouse or when the attorney-in-fact cannot execute the duties given to him. There are two types of power of attorney form in New York, Limited or Special Power of Attorney and Durable Power of Attorney. Know the differences between the two.
Limited Power of Attorney
It can be chosen by a principal who wants to provide limited powers or authority to an attorney-in-fact. Before signing and getting a limited power of attorney notarized, the principal should be very detailed regarding the kind of tasks that the agent needs to deal with. In case the principal does not have a clear idea about what needs to be included under this power of attorney document, it is best to consult a legal counsel.
Durable Power of Attorney
In such a free power of attorney form, the powers can be broader in nature. It is effective only during the time that a principal wants to have somebody act for him / her. A non-durable POA would come to an end as soon as it is revoked or when the specified date of expiration comes. In case the attorney-in-fact gets debilitated, the principal would like to have the document stay active even in case he / she cannot communicate. For instance, in case the principal enters into a coma, but would like to have his / her spouse to be the attorney-in-fact, a durable power of attorney can state that. Power is granted by the POA to the spouse for taking decisions even when the principal happens to be in a coma.
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Carl writes often about legal drafting, rental & commercial lease agreements, power of attorney, bill of sale and helps the people in such document needs. Please visit this site to get a sample free power of attorney form.