Powers of Attorney

Understanding Powers of Attorney in California

Powers of attorney are crucial legal documents allowing you to appoint someone you trust to make important decisions. At Kingston Law, we understand the significance of these documents in protecting your interests and ensuring your wishes are carried out when you are unable to make decisions for yourself. In this article, we will explore the different types of powers of attorney in California and how they can be an integral part of your comprehensive estate plan.

What is a Power of Attorney?

A power of attorney is a legal document that grants a chosen individual, known as an agent or attorney-in-fact, the authority to act on your behalf in various matters. Depending on the type of power of attorney you establish, this authority can encompass both financial and healthcare decisions. It's important to note that the term "attorney-in-fact" does not refer to a lawyer; rather, it simply designates the person you have chosen to represent your interests.

Types of Powers of Attorney in California

1. Durable Power of Attorney for Property. A durable power of attorney for property allows your designated agent to manage your financial affairs and make decisions related to your assets. This can include tasks such as paying bills, managing investments, conducting business transactions, and signing financial documents. The term "durable" means that the power of attorney remains in effect even if you become incapacitated.

2. Medical Power of Attorney (Advance Healthcare Directive). A medical power of attorney, also known as an advance healthcare directive, is a document that appoints someone to make healthcare decisions on your behalf when you are unable to do so. This agent, sometimes referred to as a healthcare proxy, is responsible for ensuring that your medical wishes are carried out and that you receive the care you desire. A medical power of attorney can be as detailed as you wish, addressing issues such as treatment preferences, end-of-life care, organ donation, and cremation.

The Importance of Establishing Powers of Attorney

Regardless of your age or marital status, having powers of attorney in place is crucial. Even if you are married, you cannot assume that your spouse will automatically have the right to make decisions about your medical care or financial affairs. Decisions may be left to others without power of attorney, which can be a significant risk.

Powers of attorney become especially important in situations involving aging issues, such as Alzheimer's, dementia, or stroke, as well as unexpected events like accidents that result in physical disabilities. By appointing someone you trust to handle your affairs, you can have peace of mind knowing that your wishes will be respected and your best interests will be protected.

Powers of Attorney as Part of Your Estate Plan

At Kingston Law, we believe that powers of attorney should be an essential component of your comprehensive estate plan. By working with our experienced attorneys, you can ensure that your power of attorney documents are properly drafted, notarized, and aligned with the California Probate Code.

We will guide you through the process of selecting trustworthy agents and clearly defining the scope of their authority. Our goal is to help you create a robust estate plan that protects your assets, ensures your healthcare wishes are respected, and provides for your loved ones.

Contact Kingston Law PC today to discuss how powers of attorney can be tailored to your unique needs and circumstances. Our dedicated team is here to provide the legal guidance and support you need to secure your future and the future of those you care about most.