California Estate Planning Lawyers

Durable Power of Attorney

At Cleary & Green, our attorneys assist California residents with all aspects of estate planning, and if you are thinking about planning your estate, one document you should consider is a Durable Power of Attorney.  This document gives someone else the power to legally sign documents and make decisions on your behalf should you ever become ill, or otherwise incapacitated in the future.  It is important to have adequate support from a California estate planning lawyer if you are considering a Durable Power of Attorney because they will look out for your best interests to ensure you won’t be taken advantage of in the future. 

There are two types of powers of attorney that a California estate planning lawyer can help you with:

• Durable Power of attorney for property:  Appoint your spouse, domestic partner or other loved one as your attorney, otherwise you may have to apply to a court to have a guardian or conservator appointed if you become disabled. This document can be tailored to authorize the person to handle everyday financial matters such as rent, insurance, and doctors' bills, as well as major matters such as sale of assets or the management of a business, property, or investments. And it can be set up either to take effect immediately – or only in when a person becomes incapable of handling his or her own financial matters.
• Durable Power of attorney for healthcare:  You can appoint someone you trust to make to decide about medical treatment option if you lose the ability to decide for yourself.  This may entail the following actions:
• consenting to or refusing any medical treatment or diagnostic procedure related to physical or mental health, including artificial nutrition and hydration
• hiring and firing medical providers
• admitting to and discharging from hospitals and long-term care facilities
• accessing to all medical records, and
• giving directions regarding organ donation.

For more information about a Durable Power of Attorney, contact a California Estate Planning Attorney at Cleary & Green!