Join Our April 22, 2022 The SECURE Act and You: How the New Law Impacts Your Retirement Assets. REGISTER NOW

Palm Springs, CA Power of Attorney

A power of attorney is a legal document that gives someone the power to act on behalf of another person. They are often used by aging parents to authorize their children to make decisions on their behalf.

Working with an experienced elder law attorney or estate planning lawyer is crucial to ensuring you end up with the right form of power of attorney and that it will be recognized by financial institutions and physicians when the time comes.

Types of Powers of Attorney

A power of attorney must be set up in accordance with state rules in order to be valid. There are several different types of powers of attorney to choose from and several ways to set up the power of attorney within those different types.

California recognizes four different types of powers of attorney:

  • Durable Power of Attorney. A Durable Power of Attorney allows the agent to make all financial decisions for the principal, even if the principal becomes incapacitated.
  • General Power of Attorney. A General Power of Attorney is very similar to the Durable Power of Attorney except it becomes void if the principal becomes incapacitated.
  • Limited Power of Attorney. A Limited Power of Attorney gives the agent the authority to perform only a specific duty/duties. Upon completion of the duty, the Power of Attorney becomes void.
  • Medical Power of Attorney. A Medical Power of Attorney allows the agent to make all medical decisions for the principal.

Do You Need A Power Of Attorney?

A power of attorney is a basic component of any elder care plan. Even when aged loved ones have full control of their mental faculties, they often need help managing their medical care and finances. A power of attorney makes it possible for an adult child to act on behalf of his or her parents if need be.

Without this authorization it can be very difficult for family members to help handle their loved one’s affairs. Just because you have a power of attorney does not mean you have to use it, but it does provide peace of mind for families who can rest easier knowing that a trusted person is looking out for Mom or Dad.

It is best to create a power of attorney well before it may be needed so that there can be no question that the executor was in his or her right mind when the document was signed.

Contact Desert Law Group

For assistance in developing a power of attorney, contact an elder law attorney at Desert Law Group either by calling 760-481-1144 or by filling out the contact form below.

Skip to content