Typically a durable power of attorney can become effective in two ways.
First, it can be effective immediately upon execution.
Or, second, it can be made effective upon incapacity of the principal.
If it is effective immediately, then the agents named in the durable power of attorney can act under any of the powers in the document [...]
Estate Planning, Southern California Attorney
Category Archives: Powers of Attorney
Thoughts on Durable Powers of Attorney.
Do I Need a POA Over My Spouse?
The short answer: Yes.
Everyone needs to have a durable power of attorney (aka "POA") drawn up and effective just in case something happens. This is also true for spouses.
There are many things involving only one spouse where the other spouse would need a durable power of attorney to act on their spouse’s behalf.
Think Social [...]
Are You Acting Pursuant to a Power of Attorney?
Just a reminder to keep comprehensive records if you are acting as an attorney-in-fact under a power of attorney in California. For every action you take on behalf of another person as that person’s attorney-in-fact, you must keep records of all of your transactions.
California Probate Code Section 4236, subdivision (a) requires “[t]he attorney-in-fact shall [...]
Those Fill In The Blanks — A through N Isn’t Enough.
Many notaries and office supply stores have those fill in the blank powers of attorney forms for you to complete without the advice of an attorney. Here is a sample of the form that allows you check off letters A through N.
Sure, the form is only 2 pages long with information on both sides of [...]
Asking Your Attorney-in-Fact.
So you want to prepare a power of attorney? This is a document that names someone else to act as your behalf with regard to financial affairs. It is an important legal document and you are trusting your affairs to someone else.
A power of attorney is usually effective upon your incapacity where two medical [...]
Naming Attorney in Fact for a Power of Attorney.
Clients generally have hard time naming or nominating attorney in facts for their durable power of attorney.
Remember, a durable power of attorney is an important legal document that allows someone else to manage your financial affairs while you are still alive, but either unavailable or not doing well. It is either effective immediately or [...]
Useful Durable Power of Attorney Provision.
Most standard Durable Powers of Attorney prepared should have an enumerated power for someone to act on your behalf regarding your right to receive proceeds from a trust, estate or other related beneficiary transaction.
How this works:
Let’s say you are disabled, incapacitated or recovering from an illness and you are now the beneficiary for [...]
Estate Planning Documents A La Carte?
Estate planning when it is all set and done is often a variety of documents prepared in accordance to your wishes and financial situation that work in conjunction with each other to accomplish a variety of objectives.
Sometimes you may only need one or two documents prepared as a stop-gap measure before you are able [...]
Can I Be Barred From Handling My Own Affairs?
The law requires that you have sufficient mental capacity to handle your own affairs. This includes making medical decisions for yourself and to entering into contracts for example.
To ensure that your affairs will be handled the way you want if you lose capacity, whether permanently or temporarily, you can prepare a power of attorney for [...]
Cute Story About A Pair of Elderly Clients.
I received a phone call today from a couple in their early eighties. Nice couple actually. I spoke to her and then he got on the phone. They wanted a durable power of attorney prepared.
They assured me that they already had their Wills and a Living Trust already prepared. I believe them as their [...]
