A power of attorney is a component of estate planning that allows you to select a trusted loved one or friend to make financial or medical decisions if you cannot. This is generally because of incapacity if you are unconscious after a devastating accident or are ruled mentally incompetent.
Powers of attorney can be general and take effect when they are signed but extinguish if you are mentally incapacitated. Additionally, they can be durable and take effect when you become incapacitated or incompetent.
If you do not adopt powers of attorney, the court will appoint a conservator to make decisions for you, often someone who does not know you and you know nothing about. Stay on top of this situation by consulting with a Covina power of attorney lawyer now. Our team of dedicated estate planning attorneys could offer vital support throughout this legal process.
Serving as Power of Attorney
A power of attorney is a document a person adopts and names someone to make decisions for them. The individual chosen does not have to be a legal professional but should at least be a trusted family member or friend.
The Mayo Clinic suggests naming someone willing to discuss medical care in a crisis, financial needs, and end-of-life decisions to understand what a designator wants. Designators should choose a trustworthy individual who will honor a designator’s wishes. Refrain from appointing a personal physician and keep in mind that California has criteria for someone to serve as attorney in fact, such as being at least 18 years of age.
The Financial Power of Attorney
The general financial power of attorney is beneficial when someone has been in a crippling accident and needs a surrogate to help with financial matters while recovering, such as:
- Banking
- Paying bills
- Collecting rents
- Selling property
- Looking after investments
- Making living arrangements
A general limited power of attorney is also used for specific, short-term reasons, such as when the designator is closing on a real estate transaction but will be out of the country.
The written durable power of attorney becomes effective when the individual becomes incapacitated and encompasses all the duties a general power of attorney has when the designator needs it most. Connect with a power of attorney lawyer in Covina to discuss these essential additions to an estate planning portfolio.
The Medical Power of Attorney
A medical power of attorney can be general or durable, allowing a person to appoint a friend or relative to make medical decisions. Without it, only a spouse or court-ordered surrogate can do so.
The attorney in fact can obtain medical records and discuss the designator’s health and treatment plan with physicians and hospitals. California law requires surrogates seeking someone else’s medical records to include a HIPAA release with their request.
Attorneys in fact also make medical decisions when designees need emergency treatment but are unconscious after catastrophic accidents. This is also the case if an individual is terminal but did not execute a living will to let the medical team know their wishes concerning life support.
A Covina attorney could discuss how general, durable, and limited powers of attorney can enhance a client’s estate planning during an initial consultation.
Call a Power of Attorney Lawyer in Covina Today
Many believe that powers of attorney are only necessary once you have grown old and possibly incapacitated. However, severe health conditions or incidents can change life suddenly and drastically.
Protect your finances and ensure someone you trust can make medical decisions for you if you cannot. A Covina power of attorney lawyer could sit down with you to discuss your situation, goals, and needs and determine if these documents can benefit your estate planning. Call today to schedule an initial consultation with our knowledgeable legal team.