Create a power of attorney in California to secure your future
No one wants to think about who will manage their affairs if they become incapacitated, but creating a power of attorney document with the help of our credible Auburn power of attorney lawyer can help you prepare for whatever circumstances life throws your way. Taking the time to prepare this estate planning document now saves money for later and provides you with the security of knowing that your affairs will be taken care of.
At BottomLine Lawyers, we have the knowledge and experience to help you through your estate planning concerns. Schedule a free consultation with our top-ranking California estate planning attorneys to ensure your wishes are followed, and your family is protected.
Why Do I Need a Power of Attorney Lawyer in California?
Deciding to set up an estate plan can be difficult. However, peace of mind can be priceless. Planning for who makes medical and financial decisions on your behalf if you become disabled or incapacitated is just as important as planning for after you are gone.
Once you become incapacitated, your family does not automatically have access to make your decisions. This is where crucial estate planning documents like a power of attorney (POA) come into play. Without the power of attorney, families may have to go through long, strenuous processes to make their decisions.
Powers of attorney are a critical part of estate planning, but they can be complicated to navigate alone. Working with our qualified Auburn, CA, power of attorney lawyer is a worthwhile decision when determining what you need to set up for your future. At Bottomline Lawyers, we are committed to:
- Help craft a power of attorney document suited to your needs and state laws.
- Work with families to develop the appropriate powers of attorney and other crucial estate planning documents tailored to individual life circumstances.
- Help create a comprehensive package of estate planning documents to conform to your wishes, family structure, financial needs, and goals.
- Provide diverse legal services, including tax resolution, bankruptcy, and estate planning.
To ensure your peace of mind and the safety of your family and assets, you must take precautionary measures through estate planning. Contact us today and schedule an initial consultation to understand further the importance of having a power of attorney and the procedure involved in assigning one.
What is a Power of Attorney?
A power of attorney (POA) is a legal document that gives someone you trust the authority to act on your behalf. In California, the person executing the document is the “principal.” The person chosen to act on the principal’s behalf is known as the “agent” or “attorney-in-fact.” The appointment of an agent or attorney ensures that in case something happens to you in the late or near future, you have a trusted person in the form of a POA to carry out your wishes as and when the need arises.
A power of attorney can be very flexible and incredibly specific or designed to give relatively extensive decision-making powers to someone you highly trust. Our competent POA lawyer in Auburn, CA, can help you understand the effect of a power of attorney and help you consider what powers to include.
What Types of Powers of Attorney are Available in California?
The state of California recognizes several types of powers of attorney. Each type serves a specific purpose and gives your attorney-in-fact or agent distinct powers. Our credible power of attorney lawyer can help you choose one that is the best fit for your situation.
Durable Power of Attorney
A power of attorney can be made durable, meaning it remains in effect if a person becomes incapacitated and cannot handle their affairs. While all power of attorney documents are rendered invalid upon death, many no longer give an agent or attorney-in-fact any power once the principal is mentally incompetent or incapacitated. A durable power of attorney adds a provision to extend that power.
Durable powers of attorney can ensure that your finances are dealt with and help you plan for medical emergencies. Having these documents in place helps eliminate confusion and uncertainty when family members have to make tough medical or financial decisions.
Durable Healthcare Power of Attorney
A durable healthcare power-of-attorney or medical power of attorney lets an agent make healthcare decisions on behalf of a principal. In California, this POA is combined with a living will, which lays out your wishes for medical treatment or end-of-life decisions. The combined document is called an advanced health care directive.
Durable Financial Power of Attorney
You cannot deal with your finances if you become ill or injured. With a durable financial power of attorney, you name a trusted person to make bank deposits, pay bills, watch over investments, collect government or insurance benefits, and handle other money matters on your behalf. A durable financial power of attorney gives your agent the authority to tackle financial concerns for you after you cannot attend to these tasks.
Non-Durable (Limited or Special) Power of Attorney
In contrast, a non-durable power of attorney automatically loses its effect once you become incapacitated. This type of POA tends to be limited in scope. It is often used for a one-time task or a finite period.
If granting your agent authority to handle a broad range of tasks makes you uncomfortable, the solution may be a limited power of attorney. With a limited POA, it lets you specify the areas of your life to which the agent has access. You only allow your agent to act in a specific scenario or to complete a specific task.
The POA does not authorize the agent to act on the principal’s behalf for other transactions. Furthermore, once the authorization date of the POA has passed, the limited power of attorney is no longer valid.
Springing Power of Attorney
A springing power of attorney is a document that does not “spring” into effect until a triggering event. This type of POA often takes effect when the principal becomes incapacitated or unable to make decisions independently. People who create a springing power of attorney include language that requires a doctor’s certification of mental incompetence or incapacitation.
What are the Legal Requirements for Creating a POA in California?
In California, different requirements for creating a power of attorney depend on the type of POA made. Our trusted power of attorney lawyer can explain the requirements for creating a legally valid POA that suits your needs and wishes.
Mental Capacity for Creating a POA
California requires the person making a power of attorney to have a specific mental capacity. Both individuals (the principal and the attorney-in-fact/agent) need to be adults of sound mind during the document creation. If you are helping someone create a POA, you will want to make sure that they can:
- manage financial resources;
- resist undue influence; and
- resist fraud.
Witnessing and Notarizing Requirements
The power-of-attorney must be signed and acknowledged before a notary public or is signed by two witnesses. It is best to have your POA notarized since many financial institutions will require it before they allow your agent to act under the POA.
Call our Seasoned Auburn Power of Attorney Lawyer Now!
Life is unpredictable, and circumstances are unforeseeable. Accidents might happen, or severe medical issues can arise at any time. Your family and loved ones may not know how you feel about healthcare treatment or end-of-life issues. Without your definite instructions, your desires may not be honored. Your surviving family members may experience conflict as they will manage their affairs and make decisions during difficult circumstances.
With careful planning and an in-depth understanding of your agent’s authority, a power of attorney will give you peace of mind that your wishes will be followed and your best interests protected in times of crisis. Our experienced power of attorney lawyers at Bottomline Lawyers can help you create a POA and other estate planning tools to secure your future. We will advise you of the best type of POA to fit your needs.
Our estate planning law firm provides respectful, professional, and integrity-driven legal services to our clients in Auburn and its surrounding areas. We have over 30 years of experience handling tax resolution, bankruptcy, and estate planning cases. Schedule a consultation with us today to ensure your final wishes will be respected using a California power of attorney.
