Alameda County Power of Attorney Lawyers

Helping Clients Create Important Estate Planning Documents

As you begin creating an estate plan, it is crucial to understand each tool you have at your disposal. Most people know that wills are essential in a California estate plan. However, creating a power of attorney (POA) can be extremely important if you cannot make decisions for yourself due to age, illness, or injury.

Each state sets its own laws for estate planning, including creating power of attorney documents. California requires certain aspects to exist in a valid power of attorney form. If you fail to establish a legally valid POA, your family may find that they lack the legal right to make decisions for you regarding financial decisions, health care decisions, running a business, or maintaining your home. Various types of powers of attorney can help you and your loved ones experience peace of mind both now and in the future.

If you are considering naming a power of attorney, you should speak with a power of attorney lawyer like those at our law firm right away. We understand the nuances of California estate planning requirements and will stand by your side as you create the power of attorney that matches your goals and needs. Whether you want someone to make decisions regarding your assets or speak in your name regarding medical decisions, we can help. Call 510-984-2390 to schedule a free consultation with our skilled legal team.

When Is a Power of Attorney Necessary?

Many people could benefit from a power of attorney. If you own a business or a home, it could be worth looking into establishing a power of attorney who can make important decisions when you are no longer able or interested in doing so.

Some individuals who should consider getting a power of attorney document include those who:

• Own a home.
• Own a business.
• Have minor children.
• Have elderly parents.
• Are making a business deal and cannot attend on that given day.
• Are involved in a real property transaction and cannot be present at closing.

Various situations may arise where a power of attorney can be helpful.  For example, if you have a durable power of attorney, you will have someone who can act in your name if you suddenly become ill or experience an accident that leaves you unresponsive. Your durable POA can act as your healthcare proxy to make critical decisions according to your wishes and beliefs. You may also benefit from assigning power of attorney to someone who can manage your finances as you age, protecting you from scams and predators.

If you think a POA may fit your estate plan, please contact our law offices immediately.

Who Qualifies to Be a Power of Attorney?

Choosing a power of attorney is a critical decision that can impact you and your loved ones in the future. You may choose to give different powers to your spouse, sibling, parent, grandparent, or adult child, depending on their skills and the level of trust you have in them. For example, one person could be assigned decision-making authority regarding your healthcare while another person is responsible for managing your business operating transactions.

California’s requirements regarding power of attorney creation include:

• The principal, or person establishing the power of attorney, must be at least 18.
• The principal must also have the mental capacity to understand the document they’re setting up and its legal implications.
• The principal must be acting without undue influence or duress.
• The agent, or person acting on the principal’s behalf, must be at least 18 years old.
• The agent must have the mental capacity to enact the power of attorney agreement terms.
• You must have your power of attorney document signed by two eligible witnesses in the presence of a notary public.
• When buying or selling real estate, the POA cannot be one of the witnesses.
• POA documents signed in a nursing home must also be witnessed by a patient advocate, the two witnesses, and the public notary.

What Are Common Types of Power of Attorney Documents?

One of the beautiful aspects of a power of attorney is the flexibility you have when creating this powerful document. You may give the person power of attorney over different aspects of your life, including general or limited powers.

Some common documents we use for our clients include:

• General power of attorney – A general POA has the most authority over any type of POA.
• Limited power of attorney – The limited POA only has power in limited situations, such as to sign a contract when one person cannot be present.
• Durable power of attorney – The durable POA continues to hold authority in the given area after the person becomes incapacitated, which is not the case for other POA documents.
• Springing power of attorney – A springing power of attorney begins when the person becomes incapacitated.

When your POA document is enacted, the agent becomes your attorney in fact and is authorized to make decisions within the specified realm. This could mean handling banking transactions, brokerage accounts, social security, insurance, medical decisions, and more. Call our law firm right away for more information.

Should You Hire Our Power of Attorney Lawyers in Alameda County?

Creating a power of attorney document can provide peace of mind and important answers. However, if you wait, it could be too late to get this critical information to your loved ones. Act now by calling our office to discuss whether choosing a family member or trusted friend to act as a power of attorney is suitable for your estate plan.

Our caring, knowledgeable legal team can explain your options and help you create the documents you need for a safe, secure future. Call 510-984-2390 to schedule your free 30-minute consultation.