Durable Power of Attorney in California

When planning for the future, it’s essential to ensure that your financial and healthcare decisions are protected, even if you’re unable to make them yourself. A Durable Power of Attorney (DPOA) is a crucial legal document that empowers a trusted individual to manage your affairs if you become incapacitated. At Blasser Law, we understand the significance of comprehensive estate planning, and we’re here to guide you through the process of establishing a Durable Power of Attorney that aligns with your needs and California’s legal requirements.

What Is a Durable Power of Attorney?

A Durable Power of Attorney is a legal document that grants a designated person, known as the “agent” or “attorney-in-fact,” the authority to make decisions on your behalf. Unlike a regular Power of Attorney, which becomes invalid if you become incapacitated, a DPOA remains in effect even if you’re unable to make decisions for yourself. This durability makes it an indispensable tool in estate planning, ensuring that your financial and healthcare matters are managed according to your wishes, regardless of your mental or physical condition.

The Importance of a Durable Power of Attorney for Financial Decisions

A Durable Power of Attorney for finances allows your agent to handle a wide range of financial responsibilities, including:

• Paying bills and managing bank accounts: Your agent can ensure that your bills are paid on time, manage your bank accounts, and handle everyday financial transactions.

• Managing investments: If you have investments, your agent can make decisions regarding buying, selling, or holding assets to maintain your financial stability.

• Handling real estate transactions: Your agent can buy, sell, or manage real estate properties on your behalf, ensuring that your property is properly maintained or liquidated if necessary.

• Filing taxes: Your agent can file your state and federal tax returns, ensuring that you remain compliant with tax laws.

By establishing a Durable Power of Attorney for financial decisions, you can avoid the potential complications and delays that might arise if a court-appointed guardian is needed to manage your affairs. This proactive approach allows you to choose a trusted individual who understands your financial goals and will act in your best interest.

The Importance of a Durable Power of Attorney for Healthcare Decisions

A Durable Power of Attorney for healthcare, often referred to as an “Advance Health Care Directive” in California, empowers your agent to make medical decisions on your behalf if you’re unable to do so. This includes:

• Making treatment decisions: Your agent can decide which treatments or medical procedures you should undergo based on your preferences and values.

• Selecting healthcare providers: Your agent can choose doctors, hospitals, and other healthcare providers to ensure you receive the best possible care.

• Accessing medical records: Your agent can access your medical records and communicate with healthcare professionals to make informed decisions about your care.

• End-of-life decisions: Your agent can make critical decisions about life-sustaining treatment, palliative care, and other end-of-life matters in accordance with your wishes.

Having a Durable Power of Attorney for healthcare ensures that your medical decisions reflect your personal beliefs and preferences, even when you’re unable to communicate them. It provides peace of mind to both you and your loved ones, knowing that a trusted person is advocating for your best interests.

Legal Requirements for a Durable Power of Attorney in California

In California, creating a Durable Power of Attorney involves specific legal requirements to ensure its validity. These requirements include:

• Capacity: You must have the mental capacity to understand the nature and consequences of signing the document at the time it is executed.

• Written Document: The DPOA must be in writing and clearly state that it is intended to be “durable,” meaning it remains effective if you become incapacitated.

• Signatures: The document must be signed by you, the principal, and either notarized or witnessed by two adults who are not related to you or named as agents in the document.

• Agent’s Acceptance: The individual you designate as your agent must accept the responsibility by signing the document.

• Scope of Authority: The DPOA should clearly outline the scope of the agent’s authority, including any specific powers or limitations you wish to impose.

At Blasser Law, we are committed to helping you navigate the complexities of estate planning, including the creation of a Durable Power of Attorney. Our experienced attorneys will work with you to ensure that your financial and healthcare decisions are protected according to your wishes and California law.

Protect Your Future with Blasser Law

A Durable Power of Attorney is a vital component of a comprehensive estate plan. It ensures that your financial and healthcare decisions are made by someone you trust, even if you’re unable to make those decisions yourself. For help with powers of attorney and other estate planning in Los Angeles and the San Gabriel Valley, contact Blasser Law in Claremont at 877-927-2181 to learn more about how we can help you establish a Durable Power of Attorney that meets your needs and provides peace of mind for you and your loved ones.