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Oakland Power of Attorney LawyerThere are a variety of situations where a person may need help from others due to health concerns, disabilities, or other issues. In some cases, this assistance may include making decisions about the person’s medical care and treatment or the management of their finances. To ensure that these matters are handled properly, a person can create a power of attorney that will authorize someone they trust to make decisions on their behalf. There are multiple different types of powers of attorney, and in many cases, it is beneficial to create a “durable” power of attorney that will remain in effect if a person becomes incapacitated.

Durable Powers of Attorney for Healthcare and Finances

A power of attorney is a legal document that grants a person the right to make certain types of decisions on someone else’s behalf. The person who creates a power of attorney is known as the “principal,” and the person who will be making decisions for them is known as their “attorney-in-fact.” A power of attorney is considered to be durable if it will continue to allow the attorney-in-fact to decide matters on the principal’s behalf after the principal has become incapacitated. That is if the principal experiences a physical or mental condition that prevents them from making their own decisions or communicating their wishes to others, the power of attorney agreement will continue to apply, giving the attorney-in-fact the power to act on the principal’s behalf.

For a power of attorney to be considered durable, it must include language that states that the powers granted to the attorney-in-fact will not be affected by the principal’s incapacitation. Typically, one of two statements will be used:

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Oakland estate planning attorneyLife is unpredictable, and that is why it is important to plan ahead in case the unexpected happens. For instance, if you or your loved one are involved in a car crash or other type of catastrophic accident, the injuries you suffer may be debilitating, leaving you unable to work or live without assistance. In some cases, they can even prove fatal. The Power of Attorney and Advance Health Care Directive are some of the most common elements in an estate plan. These statutory forms are available online to download for free, and they are often fillable or preprinted forms, which make them easier than the ones most attorneys typically charge for. At the Law Office of Martin Alperen, we can provide you with the links to these legal forms and offer the guidance you need in filling them out correctly. 

Power of Attorney and Advance Medical Directive

Although you may think of estate planning only as a way of carrying out your wishes and providing for your family after your death, a valid estate plan can help with making decisions when you are still alive. Whether an illness or an accident caused you to lose your cognitive abilities, or you are simply out of town on an extended business trip or vacation, there may come a time when you need someone to act on your behalf. 

Under California law, In California, a Power of Attorney (POA) can provide decision-making authority in three main areas:

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Bay Area estate planning attorney wills and trusts

The COVID-19 pandemic has affected our way of life over this past year. Throughout the spring and summer, local and state governments issued stay-at-home orders in an effort to stop the spread of the virus. With more people spending time at home with their loved ones, they may have considered what would happen if they got seriously ill. Important factors to think about include who would make healthcare decisions for them if they became incapacitated or who would receive their personal property in the event of their death. 

Estate planning involves pre-planning or arranging for the management and disposal of an individual’s estate, which is important to make sure a person’s wishes are protected. You may have heard of a will or a trust before but are unsure of what issues they address. If you would like to learn more about the benefits of these documents, an experienced attorney can help you determine which one is appropriate for your situation. 

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