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Commonly Asked Questions about Limited Power of Attorney for Stocks

A power is called limited if the holder of the power cannot exercise the power in favor of herself, her estate or the creditors of her estate. Because it is limited, the assets subject to the power dont get added to the power holders estate for estate tax purposes.
A Limited Power of Attorney gives someone temporary authority to take make defined legal actions for a specific period of time. For example, parents could be out of the country for an extended period of time and authorize someone to make medical and care decisions on behalf of their young children while they are away.
What Is Stock Power? Stock power is a legal power of attorney form that transfers the ownership of certain shares of a stock to a new owner. A stock power transfer form usually is only required when an owner opts to take physical possession of securities certificates, rather than holding securities with a broker.
The durable POA remains in effect even if the principal becomes incapacitated or unable to make decisions for themselves. On the other hand, a limited POA or springing POA only takes effect under certain specified circumstances, such as when the principal becomes incapacitated.
Under a limited power of attorney agreement, the agent can only act and make decisions on specified activities, and only to the extent that the principal authorizes. A principal does not need to choose a lawyer to be their agent; attorney in fact differs from an attorney at law.
For example, if you are selling your home and need someone to handle the real estate transaction while you are on vacation, a limited power of attorney lets you restrict the authority of your agent either to real estate transactions in general or specifically limit its use only to the sale of your house.
Full POA allows the third party to buy and sell securities as well as request withdrawals. If the POA is non-durable, it ceases to exist if the account owner becomes incapacitated. Incapacitation includes medical comas or mental incompetency. Regardless of the reason, a non-durable POA will be revoked if this occurs.