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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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California estate planning attorneysThere are many occupations that can be potentially dangerous, such as construction workers, medical professionals, or law enforcement personnel. First responders including police officers, firefighters, and EMTs have been on the front lines of the COVID-19 pandemic this year, responding to calls and treating patients who are ill. These workers risk their lives on a daily basis in order to protect the citizens of their communities. Studies have shown that first responders have a greater chance of serious to life-threatening workplace injuries than those working in other industries. Therefore, it is critical for them to think of the future, as difficult as it may be. Creating a comprehensive estate plan that outlines your care and assistance for your spouse or children in the event that you become disabled or pass away can prevent disputes between your loved ones.

Planning Ahead

Since first responders face significant hazards in the line of duty, injuries can be severe. For example, if a police officer sustains a gunshot wound from a perpetrator, it could result in paralysis or brain damage. Serious injuries such as these require long-term care and a victim may even need around-the-clock assistance or life-support machines in order to breathe. When this occurs, a valid estate plan can give directives on medical decisions if the injured person cannot make them on his or her own.     

A few important elements of a California estate plan for first responders include:

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