Oceanside Durable Powers of Attorney Lawyer

As we age, we can sometimes become sick or injured to the point that we're not able to make sound financial or personal decisions for ourselves. In case this ever happens to you, an Oceanside durable power of attorney lawyer can help you legally establish a person to whom you'd like to grant decision-making authority on your behalf.

The team at Paul V.L. Campo Attorney at Law is here to help you establish not only durable powers of attorney, but all aspects of our estate plan. Our team has the knowledge and experience you can rely on when you need it most. We focus on putting our clients first and tailoring our services to meet each of their unique needs.

Durable Power of Attorney

Research shows that as many as 52% of American couples between the ages of 45 and 70 have yet to set up any type of estate plan. This can create a very complicated situation for your loved ones when you pass or become incapacitated. A durable power of attorney is a document that a person has legally signed, naming someone tasked with making important financial, personal, and legal decisions for you if you’re physically or mentally unable to do so.

As defined under California Probate Code Section 4124,  durable means that whomever you establish as your power of attorney continues to do so even if you are incapacitated. In most cases, people establish a durable power of attorney, also known as an attorney-in-fact, to make financial and legal decisions if they find themselves unable to do so due to:

• Coma or unconsciousness
• Dementia or Alzheimer’s disease
• Mental incapacity
• Severe illness, such as cancer
• Stroke

However, you can also set up a medical durable power of attorney that can legally make healthcare decisions on your behalf if you are debilitated.

Understanding Oceanside Durable Powers of Attorney Laws

As specified through California Probate Code Section 4128, a durable power of attorney is a legal document that gives financial and legal decision-making rights to a person of your choosing.

These financial and legal decisions might include: 

• Accessing bank accounts
• Collecting government program benefits, such as Social Security or Medicare
• Continuing the operation of your business
• Filing tax returns
• Handling stocks and bonds
• Overseeing any insurance, including health, life, and liability insurances
• Purchasing, selling, and leasing real estate property
• Withdrawing from or depositing into retirement plans
• Writing checks

If you decide to grant your durable power of attorney the right to make health-related decisions on your behalf, they will be allowed to:

• Accept or stop any medical treatments, including surgeries
• Decide on your hospital or long-term care center
• Help carry out your funeral and burial wishes
• Make end-of-life care decisions
• Review your medical records
• Speak to your doctor
• Uphold your organ donor status

When choosing your durable power of attorney, you want someone who plays an important role in your life, who is completely trustworthy and will always have you and your family in mind when making decisions. It's also good to choose someone who is close to where you live, as that can make things easier if they are ever called upon. Examples of people who usually make good durable powers of attorney include: 

• Spouse
• Adult child
• Close relative, such as an aunt or uncle
• Devoted friend
• Lawyer or financial professional

Hire a Durable Power of Attorney Lawyer

Establishing your durable power of attorney is an extremely important decision that needs to be managed with the utmost care. When you hire a durable power of attorney, they will walk you through the process and guide you in submitting legal documents correctly.

Your estate planning attorney can also help you: 

• Choose the right person to be your attorney-in-fact, and make sure they fully understand their responsibilities.
• Draft a durable power of attorney document that specifies exactly what you'd like your attorney-in-fact to be able to do on your behalf.
• Take care of any changes that may need to be made to your durable power of attorney, such as due to a divorce or death.
• Represent you and your legal choices in the County of San Diego Superior Court if a family member challenges the durable power of attorney.

FAQs

Q: How Much Does a Durable Power of Attorney Cost?

A: The cost of establishing a durable power of attorney is dependent upon your specific needs and their complexity. When you have your initial consultation with your Oceanside durable powers of attorney lawyer, they will be able to give you an estimate on the fees involved and how much your case should cost.

Q: Does a Durable Power of Attorney Need to Be Notarized in California?

A: To legalize a durable power of attorney in California, you can choose to either have it witnessed and signed by a notary public or witnessed and signed by two witnesses. However, we highly recommend having your durable power of attorney signed by a notary public whenever possible, as it creates an iron-clad document that will be much harder to contest in court.

Q: Can I Change My Durable Power of Attorney?

A: You can change your durable power of attorney at any time if you are of sound mind and body. Your power of attorney lawyer can help you formally revoke your original legal document and create a whole new one, naming a new durable power of attorney to oversee your financial, legal, and healthcare decisions, based on your needs.

Q: Does a Durable Power of Attorney Become Effective Immediately in California?

A: You can opt to have your durable power of attorney become effective immediately upon signing and notarizing. California law also provides an option called a springing power of attorney. This means that your durable power of attorney will not legally become effective until a doctor certifies that you are physically or mentally unable to make your own decisions.

Oceanside Durable Powers of Attorney

We know that no one ever wants to think about being sick or injured to the point where they can’t make their own financial decisions. However, setting up a legal durable power of attorney, or any other portion of your estate plan, provides not only you with peace of mind, but also security for your family when you are no longer there.

For more than 30 years, Paul V.L. Campo Attorney at Law has been assisting Southern California residents with all aspects of their estate plan, including not only durable powers of attorney but also wills, health care directives, and trusts. Attorney Campo can help you establish a solid estate plan that stays true to the interests of you and your loved ones.

If you need help with estate planning or your durable power of attorney, contact our office today to find out more about our estate planning services.