A Power of Attorney is a legal document that details the authority of the appointed attorney-in-fact, who is entitled to act as the principal's agent. The person bestowing the power of attorney is called the principal, and the person who is given the power of attorney is called an attorney-in-fact. Your attorney-in-fact is authorized to act on behalf of your best interests. They do not have to be an attorney in order to be given the power of attorney. The Powers of Attorney can be revoked at anytime upon the request of the principal
A Durable Power of Attorney either stays effective or becomes effective when the principal becomes incapacitated and lasts until the principal's death. You must, however, state that the power of attorney is durable in order for it to be lasting. As long as you are capable of making your own decisions, you can choose to terminate your durable power of attorney agreement at any time.
The scope of authority that your attorney-in-fact has can be as broad or as limited as you would like it to be, and you still retain all of your own decision-making authority. Your agent can never override you as long as you are legally competent.
Durable Power of Attorney For Health Care:
The person whom you appoint as your health care agent has as much or as little authority as you specify. If you authorize your agent to make all decisions regarding your health care, this person will be allowed to:
- Agree to or refuse any type of medical treatment that affects your mental or physical health.
- Make decisions about who will medically care for you and where your treatment will take place. For example, if you have been rendered incapacitated, and your agent is not satisfied with the treatment that you are receiving at a medical center in Irvine, he or she can choose to have you transferred to another hospital in the same city or a different one.
- Get a court to authorize or withhold treatment if a medical provider refuses to abide by your health care directive.
- Visit you at the hospital outside of general visiting hours.
- Have access to your personal and medical records.
Durable Power of Attorney for Finances:
Giving someone durable power of attorney over your finances gives someone else the authority to manage your finances. There are two basic types of durable powers of attorney for finances.
Springing Durable Power of Attorney: Lets your attorney-in-fact manage your finances if you ever become incapacitated.
Immediate Durable Power of Attorney: Becomes effective the moment it is signed by you.
Examples of what your attorney-in-fact has authority to do in regards to your finances: (these can be expanded or limited as you chose)
- Sell or buy property
- Make cash withdrawals, bank deposits, and other financial transactions
- File your tax forms
- Handle your finances
- Negotiate and authorize contracts for you
- Apply for and collect benefits for you
- Run your business
- Hire an attorney for you
- Fund a trust that you have created
- Pay your daily expenses
- Manage your finances
An estate planning lawyer can help you draft your financial power of attorney or medical power of attorney, so that your wishes are clearly stated and honored. Should you become incapacitated and unable to speak for yourself, the accuracy of your instructions in these documents will be especially critical.
Many of his clients come from Orange County, as well as the Surrounding Counties in the Southern California Area. He encourages you to meet with him in person to explore your different estate planning options. Call Christopher today at 714.639.1990 or email him to set up an appointment. His office is conveniently located in Anaheim Hills, California.
