Choosing the appropriate power of attorney for your situation may be more complex than filling out standard forms. In some cases, seeking legal help may be prudent.
An experienced estate planning attorney could explain the different options for power of attorney, help you select an agent, and draft forms that meet your unique needs. Call Amity Law Group today to learn more about whether you need a lawyer to get power of attorney in California.
Power of attorney gives a person the authority to act for another. The person giving these powers and executing the POA is the “principal.” The empowered person is the “agent.”
The agent’s primary job is to act in the principal’s best interest. The agent’s duties and when their powers will go into effect will depend on the type of power of attorney and the terms of the POA. The agent’s powers may include managing the principal’s financial, legal, and medical matters.
It is essential to understand that a POA is only in effect during the principal’s lifetime. This means that the agent’s powers end when the principal passes away, and they can no longer manage the principal’s affairs.
There are several steps to appointing a power of attorney in California. Initially, you must determine the appropriate type of power of attorney for your circumstances. You must then select an agent and a successor agent in the event your first choice is unable or unwilling to act.
You will then execute a POA. The POA should clearly describe the powers of the agent, the chosen agent, and any successor agents. The POA must be signed in the presence of a notary public or two witnesses. The witnesses cannot be related to you, and they cannot be the chosen agent.
When choosing your agent, you will want to consider several things. Questions you should ask yourself include:
Speaking with any potential agents before executing the POA may be necessary for your choice. Open and honest conversations can help you make these decisions and help your agent understand your intentions.
Choosing an agent and the type of POA that best suits you is crucial. At Amity Law Group, LLP, our lawyers could help you execute a POA and make informed decisions about your power of attorney.
Contact us to schedule a consultation. We are ready to answer your POA questions and help you build your estate plan.
Amity Law Group, LLP