You may have heard that you should appoint someone as your power of attorney in case you are unable to do something or unable to speak up for yourself in the future. It can be confusing to determine the right course of action in these situations, which is why working with the right lawyer can make a big difference.
Financial powers of attorney in California are only legally valid if they contain the date that they will go into effect. Medical powers of attorney, however, only go into effect once the principal creator of that document is incapacitated and then become ineffective as soon as that individual has recovered and less otherwise stated in the power of attorney document.
You may hear many different terms in relation to the estate planning process, one of them being durable power of attorney. In order for your document to be a durable power of attorney and for it to remain in effect, even in the event that the principal is incapacitated, it needs to contain a phrase such as, quote, this power of attorney shall not be affected by subsequent incapacity of the principal, end quote. A similar statement can be drafted by your Pasadena estate planning lawyer to explain your intention for the power of attorney to be effective following incapacity.
The right lawyer can assist you with walking through the process of creating a financial or durable power of attorney, as well as assisting you with naming the person who should serve in this important role. By working now to create your estate planning documents, you can reduce confusion, frustration, and disputes among family members or other appointed parties.
A lawyer is there to guide you through the whole process of creating your estate, from deciding what documents you need to helping you update materials as your goals or needs change. Let our Pasadena lawyers help you.
