Limited Power of Attorney (LPOA)
Contents
Unlocking Limited Power of Attorney: A Comprehensive Guide
Navigating the Realm of Limited Power of Attorney
Understanding the Basics
Limited Power of Attorney (LPOA) is a legal instrument that grants a portfolio manager specific authority to act on behalf of the account owner within predefined boundaries. Unlike a general power of attorney, which confers broader powers, an LPOA restricts the manager's actions to tasks related to the agreed-upon investment strategy.
Unveiling the Dynamics of LPOA
Exploring Key Concepts
LPOAs have gained prominence in recent years, particularly as investors increasingly opt for personalized financial management services offered by boutique firms and registered investment advisors (RIAs). By entrusting certain responsibilities to a portfolio manager, account holders can streamline decision-making processes and ensure adherence to investment strategies.
Diving Deeper into Limited Power of Attorney
Understanding Variants and Forms
Types of LPOA:
- Springing Powers: These LPOAs become effective only upon the occurrence of specific events, such as the incapacitation or demise of the account owner. They are often utilized in conjunction with testamentary documents like wills or living trusts.
- Durable and Non-Durable: While durable LPOAs confer enduring authority on the portfolio manager, even in the event of the client's incapacitation or death, non-durable LPOAs are rendered void under such circumstances.
Forms and Execution:
Clients typically complete a power of attorney (POA) form when establishing an account with a portfolio manager. These forms offer the choice between an LPOA and a full power of attorney, enabling clients to tailor the scope of authorization to their specific requirements. The completion and signing of the form, by both the client and the designated attorney in fact, mark the formalization of the LPOA.
Ensuring Informed Decision-Making
Securing Client Interests
Given the significant implications of granting limited authority to a portfolio manager, clients are advised to exercise due diligence and seek legal counsel if uncertain about the ramifications. Understanding the precise functions delegated and potential implications is paramount to safeguarding the client's financial interests.