Power of Attorney Lawyer in Redlands, California

When the time comes to make critical decisions about your financial and health matters, it's natural to feel overwhelmed and unsure of where to start.

A Power of Attorney (POA) has the power to bring you peace of mind, as this estate planning tool allows you to designate a trusted individual to act on your behalf should you become unable to do so. These documents are focused on planning for the unexpected and ensuring your wishes are adhered to, no matter what life throws your way. 

The Elder & Disability Law Firm, APC, based in Redlands, California, is committed to guiding you through this process. Serving clients throughout Southern California, including Riverside, Rancho Cucamonga, and Palm Springs, the firm understands the intricacies of estate planning, including the establishment of a robust POA. The firm is dedicated to personalizing their services to meet your unique needs and providing reassurance in times of uncertainty. 

Defining Power of Attorney 

A POA is a legal document that gives another person — referred to as the agent or attorney-in-fact – the authority to act on your behalf. This authority can be as broad or as specific as you wish, covering areas such as financial affairs, property transactions, or health-related decisions.

When choosing your agent, it's always key to appoint someone you trust implicitly, someone who will respect your wishes and act in your best interest. 

Power of Attorney Types

There are several types of POAs to consider, each serving a different purpose. 

• General Power of Attorney: This provides broad powers to the agent to handle your affairs. It covers a wide range of decisions and is effective until you become incapacitated or pass away. 

• Durable Power of Attorney: Unlike a general power of attorney, a durable POA remains valid even if you become incapacitated. This ensures your chosen agent can continue to make decisions on your behalf when you're unable to do so. 

• Limited or Special Power of Attorney: This grants specific powers to the agent for a particular purpose or time period. It could be for selling a property, managing a business, or handling other specific financial transactions. 

• Medical or Healthcare Power of Attorney: This allows someone to make medical decisions on your behalf. In California, this POA is combined with a living will, which outlines your wishes for medical treatment. The combined document is called an "advance health care directive." 

• Financial Power of Attorney: This type of POA grants someone the ability to manage your financial affairs. They can deposit checks, file taxes, or manage real estate transactions on your behalf. 

Understanding these different types of POAs is crucial to handling your personal, financial, and healthcare matters according to your preferences in case you become unable to make these decisions yourself.  

Creating a Power of Attorney 

Creating a legally valid POA in California requires adherence to specific requirements. You must be of sound mind, able to understand the implications of granting someone else authority over your affairs. The document must be written, signed by you, and witnessed by two adults not named as agents in the POA. Here's a brief breakdown of this process: 

1. Create the POA: This can be done using a statutory form provided by the state, a DIY program, or with the guidance of an attorney. The Elder & Disability Law Firm, APC can assist in creating a POA that meets your specific needs. 

2. Sign the POA: In California, you must sign your POA in the presence of a notary public or two witnesses. This can be done at the firm. 

3. Store the Original POA: Once completed, the original POA should be stored in a safe place that your loved ones can easily access. 

4. Give a Copy to Your Agent: Your agent should have a copy of the POA so they are familiar with its contents and can use it when needed. 

5. File a Copy: If real property transactions are included in the powers granted to your agent, a copy of your POA should be filed with the land records office. 

6. Give Copies to Financial Institutions: This step could eliminate potential hassles for your agent if they need to use the POA in the future. 

Powers and Responsibilities of the Agent 

The person you appoint as your agent in a Power of Attorney assumes a fiduciary duty, meaning they are legally obligated to act in your best interests. The specific powers and responsibilities of the agent can vary based on the type of POA and the instructions laid out in the document. Here are some typical powers and responsibilities that an agent might have:

• Manage Financial Affairs: This could include managing bank accounts, paying bills, investing money, buying or selling assets, or handling other financial transactions. 

• Property Transactions: If specified in the POA, the agent may have the power to buy, sell, maintain, or manage real estate properties. 

• Healthcare Decisions: In a healthcare POA, the agent is given the authority to make medical decisions on your behalf if you become unable to do so. 

• Legal Matters: The agent might be authorized to represent you in legal matters, which could include filing tax returns, managing lawsuits, or other legal proceedings. 

• Government Benefits: The agent may be tasked with applying for or managing government benefits on your behalf, such as Social Security, Medicare, or Medicaid. 

These powers should be clearly outlined in the POA document to prevent confusion or misuse of authority.  

Revoking or Amending a Power of Attorney 

You can revoke or amend a POA at any time, provided you are of sound mind. This revocation can be done by creating a new POA that explicitly revokes the previous one or executing a revocation document. All relevant parties should be notified of the revocation or amendment to ensure the agent's authority is no longer recognized.