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California Durable Power of Attorney

www.PowerOfAttorneyOnline.info

By Attorney SusAnne Lee Jenkins

A Power of Attorney means that you give someone the authority to act on your behalf as your agent.  For example, they can sign financial documents for you.

“Attorney” means “Agent”, not lawyer. In fact, the full title of the agent is "Attorney-in-Fact."

The word “durable” means that the power continues if you become incapacitated.  Non-Durable types of Power of Attorneys might cease to be effective if you become incapacitated, thereby defeating your estate plan.

This document allows one person (the principal) to appoint another person (the agent) to perform certain specified acts of a financial nature on behalf of the principal.   

If your power of attorney meets the requirements of  a Uniform Statutory Form Power of Attorney it MUST be honored.  Although they often will try to make you use their forms, if you do not know your rights.

Planning for incapacity is very important . Although there are several ways for handling incapacity—e.g., a conservatorship, revocable living trust, or joint tenancy of bank accounts  —one very common way is with a  financial power of attorney either as the main tool or as a backup to other methods. 

The main purpose of the power of attorney is to ensure that a trusted person is nominated in the document (called the agent or nominee) is able to act if needed and thus avoid the expense, stress and potential conflict of a conservatorship court proceeding.  The Statutory Power of Attorney should keep your finances out of Conservatorship Court during incapacity, unless there is an unforeseen problem or someone sues to try to not honor the document.

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