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Commonly Asked Questions about US Limited Power of Attorney

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.
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 power of attorney may be revoked at any time prior to its stated expiration date. The principal must give notice to the agent that the power is revoked. Thereafter, the agent will lack authority to bind the principal. Notice should be given in writing, although an oral revocation can be effective.
The person who can override the power of attorney depends on the type of power of attorney and the reason that termination of the right is being sought. In any situation, the principal can override their own power of attorney at any time if they have the capacity to do so.
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.
In general, the Principal (whomever created the Power of Attorney, or POA) can always override the legal document. Beyond that, there is also a possibility for others to try and put a stop to a POAs powers, too.
Court Petition: In cases where the person is fully incapacitated without existing legal documents like a power of attorney, you may need to petition for guardianship or conservatorship in court.
If youre wondering whether a power of attorney (POA) can sell a property before death, the answer is yes. A POA grants legal authority to another person to act on behalf of the principal. If it includes the authority to sell the property, the agent can sell it before the principals death.