Delaware Limited Power of Attorney Agreement

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A Delaware Limited Power of Attorney Agreement is, as the name implies, a fairly limited Power of Attorney Agreement, that only gives the Attorney-in-Fact the power to make a specific decision on behalf of the Principal. While this can be used when the Principal is no longer capable of making their decision, this is more often used to give the Attorney-in-Fact the power to perform a specific task for the Principal, such as selling a car or renting a property.

Note that if the Principal is incapacitated before this Power of Attorney agreement has completed, it will more often than not become void. Power of Attorney Agreements in Delaware are not automatically durable, so if the Principal wishes the Attorney-in-Fact to continue acting on their behalf after they have become incapacitated, they will have to specify as such in the agreement.

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