Santa Clarita Durable Power of Attorney, Estate Planning and Living Trust Lawyers

Durable Power of Attorney

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The powers you grant in the Durable General Power of Attorney continue to be effective should you become disabled or incompetent. In some cases, this can be the most important legal document you have in your estate plan.

A Durable General Power of Attorney does not authorize anyone to make medical or other health care decisions. That is the role of the Advance Health Care Directive.

The Durable General Power of Attorney gives the person whom you designate (your "Agent", attorney-in-fact) broad powers to handle your property during your lifetime, which may include powers to mortgage, sell, or otherwise dispose of any real or personal property without advance notice to you or approval by you.

The other subjects discussed in a general durable Power of Attorney are:

stock and bond transactions
commodity and options transactions
business operating transactions
banking, estate and trusts
insurance and annuity transactions
claims and litigation
personal and family maintenance
division of social security and other governmental benefits
retirement plan transactions
tax matters
gifting
qualification for government benefits
real estate matters
estate planning powers to handle trusts (add property to them etc.)

A solid Durable Power of Attorney will address all these powers and more. It is also important to figure out when the document will be effective and who will serve as your agents. Also, one of the most important things is understanding when the durable power of attorney becomes effective. Some choose to have the Durable Power of Attorney effective immediately (known as "immediate" power) and some choose to have the Durable Power of Attorney effective upon declaration of incapacity (springing power of attorney). Discuss these options with your legal professional.