Give Yourself Peace Of Mind By Designating An Agent Under A Durable Power Of Attorney
Most people think estate planning only concerns what happens to your possessions after you pass away. While this is indeed an important aspect of it, thorough estate planning can also help you plan for the risks that come with aging, such as incapacity.
When you contact Frisella Neilson, APC, in San Diego, our experienced and caring lawyers will guide you through the entire estate planning process, including implementing safeguards like a durable power of attorney. Our goal is to help you create a customized plan that accurately reflects your wishes and gives you peace of mind.
What Is Durable Power Of Attorney?
If you were to lose the ability to make or communicate decisions for yourself (due to dementia or a medical emergency, for instance), you would be generally considered to be incapacitated. Someone would have to make decisions on your behalf. In the context of medical care, those decisions might be left to the person you designated as your medical decision-maker in an advance health care directive. But what about other decisions related to finances, living arrangements, taxes and more?
Before someone could act on your behalf in an official capacity, you would need to grant them authority under a durable power of attorney. The term “durable” in this case refers to the fact that the power of attorney (POA) designation survives incapacity.
As the person granting authority, you are known as the “principal.” The person to whom you grant POA is known as the “agent.”
If someone becomes incapacitated without designating POA, their loved ones may need to go through the sometimes difficult process of obtaining conservatorship.
Why You Need An Attorney And How Our Firm Can Help
Acting as an agent under a power of attorney is a big responsibility, and you as the principal are ceding significant control. Therefore, it is important to be clear about exactly which powers you are giving to your agent, when those powers are in effect and under what conditions they might be revoked.
Templated power of attorney forms exist and are usually free, but such documents are not customized and can be difficult to interpret. It is much safer to craft a tailored written agreement in consultation with a knowledgeable attorney.
The attorneys at our firm have decades of experience in both estate planning (transactional work) and trust and estate-related litigation. We have an in-depth understanding of what can go wrong in these cases when documents are incomplete or contain ambiguous language. We will ensure that you fully understand what you are agreeing to and that the power of attorney documentation accurately reflects your instructions and is legally sound.
The Help You Need Is Just A Call Or Click Away
Our office in San Diego is always ready to assist you with your unique problems. To discuss your estate law and estate litigation needs with attorneys who listen and care, contact us to schedule an initial consultation. Just call 866-334-2614 or submit an online contact form.