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The terms power of attorney (POA) and conservatorship may seem to be remarkably similar in nature. However, in all actuality, they are completely different. When you appoint an individual, known as your agent, to be your power of attorney, it is a completely voluntary act and done at your own discretion. Conservatorship, on the other hand, is involuntary and assigned through the court. The only way to revoke a conservatorship is to go through the process of a formal court hearing.

If you are interested in drawing up a power of attorney document or need more information about how conservatorships work, contact the law offices of Cava and Faulkner and ask to schedule a free consultation.

Can I Revoke a Power of Attorney on My Own?

When you draw up power of attorney documents, you are essentially giving your agent the legal authority to carry out legal transactions on your behalf as well as make decisions if you are unable to do so for yourself. You may also stipulate the scope of what the power of attorney should cover. You have the ability to revoke a power of attorney of your own free will and whenever you choose to do so. Your agent does not need to give their permission or be consulted in order for the power of attorney to be rescinded.

How is Conservatorship Different Than Power of Attorney?

Unlike a power of attorney, a conservatorship cannot be revoked at an individual’s own discretion. When a conservatorship is set in place, the court takes away some of the rights of the person in question, also referred to as the “ward.” The court then assigns a “conservator” who, like the agent for power of attorney, can make financial and legal decisions on their behalf. Unlike a POA, where there is the ability to revoke the legal agreement at any time, the conservatorship must go through a court in order to be dissolved.

A conservator has a broader range of legal authority under this type of legal arrangement, unlike a POA that can be designated only to certain areas. A ward cannot overrule the decisions made by the conservator. In most cases, the court will assign an individual who they believe to be qualified to handle the affairs of the ward.

Is There a Way to Avoid Potential Conservatorship?

With the assistance of a knowledgeable attorney, there are a variety of methods that you can use to try and avoid conservatorship. They are as follows:

• Sign a general power of attorney. This can cover a wide range of financial assets and other transactions that may need someone to oversee them.
• Sign an advanced medical power of attorney so that your agent will have the power to make any necessary medical decisions on your behalf.
• Establish a revocable trust so that your assets can be managed by the trustee.

How Can Your Law Firm Help Me?

Most individuals would not want to be under the control of a conservatorship and not have the legal ability to make daily decisions that most of us take for granted. One of the first steps that you can take is to call the law offices of Cava and Faulkner at 916-685-1225 and ask to schedule a free consultation.

We will be happy to explain your rights and legal options and help you make a decision that is right for you.

In California, if you possess a power of attorney for another individual, you, the agent, have the legal right to act on behalf of the other individual known as the “principal.” Generally, power of attorney is delegated to an agent when the principal cannot make decisions relating to legal, financial, or health issues.

The principal has the option to determine the scope and limitations of a power of attorney. If you would like more information regarding power of attorney in California, contact the law offices of Cava and Faulkner of Elk Grove, CA, and ask to schedule a free consultation.

What are the Different Types of Power of Attorney in California?

Several different types of power of attorney available in California can be chosen based on your specific needs. The options are as follows:

• General Power of Attorney: This is California’s most inclusive power of attorney. This allows you to designate an agent, also known as an attorney-in-fact. This allows your agent to have all of the legal rights and powers that you possess. However, if you become incapacitated, this type of power of attorney is no longer valid.
• Durable Power of Attorney: This type of power of attorney has the lasting capacity to stay in effect even if you do become incapacitated and can no longer make your own decisions.
• Special or Limited Power of Attorney: The scope of this type of power of attorney is extremely limited and is typically used in order for your agent to make decisions for you if you are unavailable. For instance, you may be out of the country but need to have legal documents signed on your behalf. Once the need is met, a power of attorney is no longer in force.
• Springing Power of Attorney: A springing power of attorney’s legal authority only goes into effect when certain conditions are met, such as when medical professionals determine that the principal can no longer make healthcare decisions for themselves.

When Should I Consider Making a Power of Attorney?

Many individuals make the mistake of waiting until it is too late to consider making a power of attorney. If you become incapacitated, you would no longer be able to make the decision to appoint an agent to act on your behalf. Although it may be difficult to consider, planning ahead for the future is one of the best ways that you can protect your interests should the need arise at a later time.

Can I Have More Than One Power of Attorney?

Under California law, you are permitted to have more than one power of attorney to represent your interests. For example, you may choose to designate a separate agent to make your healthcare, financial, or legal decisions. These various powers of attorney can each be determined by your set of specific needs. An experienced estate planning attorney can help you make a decision as to how you should best proceed.

When Should I Consult With an Attorney About Making a Power of Attorney?

One of the best steps that you can take to protect both yourself and your family is to consult with an attorney as soon as possible about the various power of attorney options that are available. Waiting until a crisis occurs is usually too late, and the State of California could end up appointing someone to make decisions for you.

Contact the law offices of Cava and Faulkner by calling (979) 596-4088 and ask to schedule a free consultation as soon as possible.

Being named Power of Attorney in California is a huge responsibility. Power of Attorney for another individual grants you the authority to make various financial, healthcare, and estate planning decisions.

With that in mind, California has specific legal requirements that every individual must abide by in order to qualify for this duty. These requirements have been established to protect the individual who you will be representing to ensure that their best interests and needs are met by your acting as their legal representative.

Contact the law offices of Cava and Faulkner of Elk Grove, CA, to schedule a free consultation.

What is Power of Attorney?

In California, power of attorney, also known as POA, entitles you to act as a personal representative for another person to make decisions on their behalf. Power of Attorney can be limited to a specific area, such as the authority to make medical decisions, or can cover a wide variety of areas such as finances, healthcare, and other areas specifically outlined in the paperwork that grants legal power of attorney.

What Requirements Need to be Met in Order to Become Power of Attorney?

Due to the serious nature of this obligation, the individual that a person chooses to be their power of attorney must be able to meet specific requirements. The individual must meet what is known as the “capacity to contract,” which means that they have the mental capacity to comprehend the duties and responsibilities associated with the tasks that they will be required to perform, such as:

• Manage and understand financial resources
• Resist undue influence from others
• Resist fraud or the temptation to use financial resources for their own benefit.

How Does Power of Attorney Go Into Effect?

For a power of attorney to be legal in California, the POA forms must meet specific legal requirements such as:

You must sign the document. If you are unable to sign, then another person must witness it for you.

• The agent and the witnesses must be at least 18 years of age
• The document must also be signed by at least two other adults.
• The agent is not permitted to be one of the witnesses.
• The power of attorney document must be notarized

Can I Revoke the Power of Attorney?

If you are the principal or individual who has created the POA, you have the legal ability to revoke it if and when you wish to do so. Revoking a power of attorney is simply ending the legal agreement that gave another person the legal authority to act on your behalf. Often the situation that required the power of attorney ends, and as a result, the legal agreement is no longer needed.

The individual named as a power of attorney, also called the agent, does not have to approve the cancellation. If you have more questions related to assigning an individual to be a power of attorney, contact Cava and Faulkner of Elk Grove, CA, by calling 916-685-1225 to schedule a free consultation. We will be happy to answer any questions that you may have and discuss your legal options.