![]() ![]() If you are not sure what you need, try taking our estate planning quiz.ĭrafting a valid California Durable Power of Attorney Avoids ambiguity We recommend having both a durable power of attorney for health care and a durable financial power of attorney to ensure optimal management of your health as well as your assets. However, in most cases, this law nullifies the purpose of having a power of attorney in place, and for the same reason, the POA must be explicitly stated as “durable”.Ī durable power of attorney remains in effect even after you are mentally incapable of making your own healthcare or financial decision. On the other hand, is it wise to make the child who lives in the same town as you call her older sisters who live in Century City, Cleveland, and Beijing every time she needs to make a decision? Consider whether the better option is to appoint one child or sibling as the primary agent and appoint the others as alternates.īy law, a power of attorney (POA) ceases to be valid when the concerned individual is incapacitated. ![]() On one hand, it might make your five children feel good to all be appointed together as your agent. In the grand scheme of things, convenience is going to play a major role in deciding who should act as your power of attorney. You wouldn’t ask your 20-year-old child to run your crop-dusting business, would you?Īs you discuss your choice with your family, refer back to our estate planning checklist to make sure you cover all your bases and will avoid probate. But you also want to choose someone to can handle the responsibility of managing the assets you’ve accumulated during your life. You need to pick someone who is trustworthy, someone who will act in your best interests. That’s a lot of responsibility to sign over to someone. When you sign a general power of attorney, you authorize someone to manage financial matters on your behalf in the event that you are unable to do so yourself. Selecting your California Durable Power of Attorney Agent This is similar to a healthcare power of attorney, however, it only relates to financial decisions and does not have any control over healthcare decisions. The Power of Attorney Act allows a concerned person to force the attorney – who is acting under an enduring power of attorney – to provide a copy of the relevant financial records to the court to review.Ĭontact a lawyer for assistance with this process.What is a California Durable Power of Attorney?Ī California Durable Power of Attorney is a document that authorizes your agent (a person you choose) to manage your financial affairs if you become unable (or unwilling) to manage them yourself.
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