Power Of Attorney – The Law Office of Anne Dowden Saxton

Should you Have a Power of Attorney?

A California Durable Power of Attorney is a document that authorizes your agent (a person you choose) to manage your financial affairs if you become unable (or unwilling) to manage them yourself.

This is similar to a healthcare power of attorney, however it only relates to financial decisions and does not have any control over health care decisions.

By law, a power of attorney (POA) ceases to be valid when the concerned individual is incapacitated. However, in most cases, this law nullifies the purpose of having a power of attorney in place and for the same reason, the POA must be explicitly stated as “durable”. A durable power of attorney remains in effect even after you are mentally incapable of making your own healthcare or financial decisions.

Another powerful piece of any estate plan is a Living Will commonly referred to as an Advance Directive is used to spell out end of life medical care wishes. You can also use it to note your preference about pain management, organ donation and more.