Power of Attorney Lawyers in Sacramento, CA

Experienced Power of Attorney Lawyer for Comprehensive Estate Planning

Whether you are a young person just starting in life or a mature adult, you can most likely benefit from having a power of attorney (POA) document. Once you turn 18, you are considered an adult, and your parents lose all legal authority over you regarding your financial affairs or medical decisions. If you are an older adult, you have most likely become aware of situations that could arise and affect your ability to manage your personal affairs.

A Power of Attorney document is important at any stage of life because it prevents your loved ones from having to seek court-ordered guardianship or conservatorship if you become incapacitated.

Contact our Sacramento-area law office today to schedule a free consultation and learn more about a power of attorney and how we can help.

Why Is a Power of Attorney Essential for Managing Financial and Medical Decisions?

A power of attorney (POA) is an essential legal document that appoints your designated agent to manage your financial affairs and medical decisions should you become incapacitated. Having someone you trust whose decisions will align with your values is a better option than the court appointing a stranger to manage affairs if you become incapacitated.

Durable Power of Attorney (DPOA)

If you become incapacitated, a durable power of attorney (DPOA) allows your agent to seamlessly manage your financial affairs, including paying bills, managing assets, filing taxes, and handling real estate transactions without the need to go to court. It is considered “durable” because it remains valid even if you become incapacitated and can go into effect immediately or upon a specified event, such as cognitive decline.

Advance Health Care Directive

In California, an Advance Health Care Directive grants your agent the authority to make healthcare decisions regarding medical treatment and end-of-life care when you are unable to do so for yourself. Putting an advance directive in place allows your agent to quickly make health care decisions, avoiding unnecessary delays or court hearings.

When Does a Power of Attorney End?

Under California law, a power of attorney (POA) can be terminated for several reasons. One of the most common is the principal’s death, which immediately terminates the POA.

Other common scenarios that terminate a power of attorney include:

• Revocation: If the principal is mentally competent, they have the right to revoke the POA at their discretion. A POA can be revoked by creating a new document or destroying the previous one.
• Agent Incapacity: If the agent becomes incapacitated and is no longer able to fulfill their role, the grantor may terminate the POA.
• Specific Event or End Date: The POA may be dependent on a particular responsibility or task, such as selling real estate, or have a specified ending date upon which the agent’s authority is terminated.
• Divorce: If your spouse is named as your POA, their authority is automatically revoked upon divorce or annulment.

What are the Agent’s Responsibilities?

A frequent question many Californians ask concerns the designated agent’s responsibilities and what they cannot do legally. When the agent accepts their role, they acknowledge that they will be responsible for making and executing many critical decisions regarding the principal’s well-being.

California law provides that a power of attorney agent is a fiduciary, legally obligated to act in the principal’s best interests and to avoid conflicts of interest or personal enrichment.

Common responsibilities include:

• Management of Financial Affairs: Responsibilities include making financial decisions, paying bills, and managing accounts, property, and investments.
• Record Keeping: Maintaining accurate and thorough records of all financial transactions.
• Asset Protection: Safeguarding the principal’s estate plan and obtaining benefits like Medi-Cal.
• Personal Care: Responsibilities include arranging and overseeing medical care, housing, and other necessary tasks.

Limitations on an Agent’s Authority

The state also imposes strict limitations on what an agent may not do, including creating, changing, or revoking a will, or making decisions after the principal’s death. The agent is also prohibited from transferring property or money to themselves for personal benefit, unless authorized by the agent. Other prohibited actions include acting outside of the scope of their authority or transferring their duties to someone else.

Contact our Sacramento Power of Attorney Lawyers today to Begin Planning for What Lies Ahead

Cava & Faulkner, Attorneys at Law, is a Sacramento-area law firm committed to helping you plan for the future. Our primary goal is to guide clients through the intricacies involved with creating a power of attorney document that will withstand legal scrutiny.

Our experienced estate planning attorneys recognize that every client has unique needs. We are dedicated to providing you with quality legal services so you can rest easy knowing your affairs are in order.

Contact our law offices today at (916) 831-7565 to schedule a free consultation.