California Estate Lawyers Giving You the Representation You Need to Establish Power of Attorney Before Incapacitation

No one likes to think about incapacitation. Everyone wants to remain able-bodied and of sound mind through their golden years. Accidents can happen to anyone at any time though. The same is true regarding unforeseen medical issues. Any healthy, non-disabled adult can suddenly find themselves physically or mentally incapacitated. The possibility of this increases as people age and the potential for health-related problems rises.

This is why people must establish power of attorney as they age. Establishing power of attorney is an easy way to ensure that a person’s wishes will be followed if they are no longer able to communicate. It’s also a way to remove any potential concern regarding who might assume responsibility in the event you become incapacitated.

What is Power of Attorney in California?

Power of attorney is an agreement in which one person (called the principal under California law) grants another person (called an agent) the ability to make confident decisions on their behalf. Depending on the type of power of attorney, these decisions may include but are not necessarily limited to:

• Managing Finances
• Signing Contracts
• Paying Bills and Utilities
• Making Business Decisions
• Managing Health Benefits
• Making Healthcare Decisions

There are multiple types of power of attorney in California. When designating power of attorney, a principal can choose any arrangement to ensure their wishes will be followed. Some of the types of power of attorney under California law include but are not necessarily limited to:

• General Power of Attorney
• Limited Power of Attorney
• Durable Power of Attorney
• Medical Power of Attorney

A general power of attorney allows an individual to make broad decisions on another person’s behalf. A limited power of attorney grants the agent more limited abilities. Durable power of attorney is used specifically for cases of incapacitation. In other circumstances, power of attorney may end if the principal becomes incapacitated; durable power of attorney remains explicitly valid if the principal is incapacitated. Medical power of attorney designates the agent to make medical decisions regarding their well-being on behalf of the principal.

How Do I Designate Power of Attorney in California?

Anyone can grant another person power of attorney at any time. Some online forms allow a person to quickly and easily designate power of attorney. To grant someone power of attorney, only a few key requirements must be met:

• Both Parties Must be 18 or Older
• Both Parties Must be of Sound Mind
• The Agreement Must be Notarized or Signed by Two Witnesses

Under certain circumstances, there are unique stipulations that apply. For example, if you are granting someone power of attorney to make real estate decisions on your behalf, the agreement must be notarized. If you live in a nursing home or assisted living facility, the agreement must be witnessed by a patient advocate and the notary or two witnesses. Some other stipulations may apply based on the type of power of attorney.

Granting someone power of attorney is not a decision to be taken lightly. You will be allowing another person to make significant financial and healthcare decisions on your behalf. You want to ensure the agent is someone you trust with your finances and your future. You will also want to make sure the power of attorney is valid in all situations you want it to be valid in.

For example, if you specifically want your power of attorney to apply if you become incapacitated, this must be stipulated in the paperwork. Suppose you are injured in an accident or suffer a medical incident and become incapacitated but do not have a durable power of attorney. In that case, it may not be valid at the time you need it most. This is why, even though anyone can draft a power of attorney, it’s best to consult an experienced estate planning lawyer. This is especially true if you want your power of attorney to be effective if you become incapacitated. There are multiple factors to consider, including how long the power of attorney will last past your incapacitation and what decisions your agent will be able to make. This is especially true regarding health care decisions. An experienced attorney is vital to ensuring you designate the proper individual as agent and that your agent will have all of the powers and responsibilities you want them to take on.

What Should I Do if I Want to Grant Someone Power of Attorney in California?

Granting someone power of attorney is a significant decision. It could also be a deciding factor at a key moment in your life. This is especially true if you plan on granting power of attorney if you become incapacitated. Many individuals may not want to think about power of attorney because they might feel like it’s encouraging something terrible to happen. The truth is that granting power of attorney is like a form of insurance. No one buys car insurance wanting to get into an accident, but if it happens, you’re protected. The same is true with power of attorney. You must consider all legal concerns and plan accordingly. This is why it’s essential to consult an experienced lawyer.

If you or a loved one are considering granting power of attorney, don’t hesitate to contact the attorneys at Cava & Faulkner at 9070 Elk Grove Blvd, Elk Grove, CA 95624. The attorneys at Cava & Faulkner have years of experience in all types of estate planning, including power of attorney. They can assess your unique situation and help you determine what kind of power of attorney is best for you to grant. They’ll ensure all potential concerns are addressed and that any possible situation is planned for accordingly. With Cava & Faulkner, you can rest assured you’ll be in good hands if the need arises.

No one wants to think about potential incapacitation, but it’s best always to be prepared. Planning for an event doesn’t mean it will necessarily happen. If you or a loved one want to designate power of attorney, don’t hesitate to call or email the attorneys at Cava & Faulkner at 916-831-7565 for a free consultation.