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Elder Law, Powers of Attorney, Living Wills (Advance Health Care Directives) : Includes Court Appointed Conservatorship, Elder Abuse, Durable Powers of Attorney, etc.
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Old 09-07-2009, 09:25 PM
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Join Date: Sep 2009
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general vs. specific POA for overseas contractors


What is the name of your state (only U.S. law)? CA

My husband, a military contractor, claims that general POAs (which I have had twice in the past for a total of fifteen years) are not advisable these days and that the recommendation is for specific POAs instead. I am trying to wrap my brain around the idea of executing several specific POAs for any conceivable scenario that might come up instead of one general to cover anything and everything. I was wondering if anyone else had heard of this, because I suspect that I am being fed a line here.
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Old 09-08-2009, 12:42 AM
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Join Date: Apr 2009
Posts: 508
Either someone is messing with your husband or he is messing with you. Nothing has changed.

A power of attorney represents nothing more or less than an agency relationship between the person granting the authority and the designated agent receiving the authority.

The nature, conditions, duration and extent of the agent’s authority to act in the name and on behalf of the principal is expressed in the written instrument creating the authority. That agency authority can be limited in scope to a specific purpose or purposes or it can be general and unlimited.

A POA is much like an employer/employee or master/servant relationship and is governed by the same laws; primarily agency and contract law.

And there have been no significant changes in those laws in the past fifteen or the past several hundred years.

This is not to say that in the course of exercising your general power someone or some firm that you might be dealing with couldn’t require an express written authority from your husband for that particular transaction.

But as you indicate, how could those incidents be anticipated and planed for?

Wouldn’t be a bit practical, would it?
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