Oceanside Durable Powers of Attorney Lawyer

Drafting a will or setting up a trust is an essential way to ensure that loved ones are cared for after you are gone. As people age, the considerations for how you will leave things for those after you naturally intensify. However, making provisions for what happens if you become, in any way, incapacitated is just as important for properly establishing an estate plan. Determining who will hold your power of attorney is a step you should take sooner than later.

Unfortunately, the risks of injury and illness increase with age. Investments can go unwatched, business matters neglected, bills unpaid, and contracts unsigned unless someone is in place to handle one’s legal and financial matters on their behalf. By establishing durable powers of attorney, you can ensure that your finances, your estate, and your health are continually acted on and addressed according to your desires.

Durable Powers of Attorney Lawyer in Oceanside, CA

Paul V. L. Campo at Estate Preservation Group has more than three decades of estate planning experience, drafting powers of attorney for clients throughout the Oceanside area. By helping each of his clients fully understand their estate planning options, Paul V. L. Campo remains committed to helping every individual plan for the future.

Creating a power of attorney is a very effective legal tool. However, drafting one must be handled carefully. Working with a qualified and knowledgeable durable power of attorney lawyer can make the process easier, providing you with security in planning ahead for all important decisions in your life.

What Are California Powers of Attorney?

Establishing a legally valid document that grants a person decision-making powers on your behalf is known as granting powers of attorney. This kind of document can be set to go into effect when a specified event has taken place, such as incapacitation, or it can be granted with immediate effect. Powers of attorney can be either temporary or indefinite, so long as the document is created and certified by legal means.

Powers of attorney are granted to an individual, known as an “agent.” The agent will make decisions on behalf of the “principal,” who is the one who legally created the document. There are many circumstances in which a principal would want to grant powers of attorney to their desired agent, but the reasons generally involve the principal being unable to act for themselves or make their own decisions. The extent to which an agent can act and make decisions on behalf of the principal has everything to do with what type of power of attorney is used.

What Are the 4 Types of Powers of Attorney in California?

There are four types of powers of attorney you could possibly establish in California. They are differentiated by the circumstances that cause them to go into effect, how limited they are, and how long they remain in effect. When creating a power of attorney in California, you can choose between:

• Limited power of attorney. This type is used when the principal wishes to grant specific powers to their agent, limiting their ability to that which is necessary to carry out certain tasks, such as real estate transactions, business matters, or other particular areas as designated by the principal. These are generally arrangements intended to make financial decisions or fulfill an intended action.
• General power of attorney. This type is used when the principal wishes to grant a broader range of authority to their agent to make any number of financial or legal decisions. These are generally intended to be temporary so that affairs are taken care of while the principal is unavailable due to illness or travel. If the principal becomes incapacitated, the power of attorney ceases and is no longer in effect.
• Durable power of attorney. This type is used when the principal wishes to grant their agent general powers of attorney that would continue even if they become incapacitated. The fact that the powers of attorney remain in effect following the incapacitation of the principal is what makes this type “durable.” These generally allow the agent to continue to make decisions on behalf of the principal.
• Medical power of attorney. This type of power of attorney, also known as a “springing” power of attorney, is used when the principal wishes to grant their agent durable powers of attorney once a specific event has taken place. These are generally used to grant powers of attorney if the principal becomes incapacitated. Once the specified condition takes place, the power of attorney goes into effect.

What Is a Durable Power of Attorney for Healthcare in California?

In California, a principal can grant durable powers of attorney to their desired agent so that they can make medical decisions on their behalf. Generally, this is done through a medical or springing power of attorney. In this arrangement, the agent would be granted decision-making powers for the healthcare of the principal if the principal becomes incapacitated or otherwise unable to make those decisions themselves.

When creating this type of power of attorney, it is essential that you work with a qualified lawyer to clearly define what constitutes incapacitation. Without clear definitions, you risk encountering legal obstacles that would prevent the intended agent from making any desired medical decisions.

How Do I Get a Durable Power of Attorney in California?

Establishing your power of attorney requires the same care and attention as any other process of planning your estate. It is highly recommended that you conduct the following necessary steps with the help of a trusted and experienced lawyer. They can ensure that everything can be done in compliance with all state laws and lack nothing that could hinder your wishes from being carried out. To establish a durable power of attorney, you must:

1. Choose an ideal agent. This person, also known as the attorney-in-fact, will be the one to have your power of attorney. It is, therefore, crucial that you’ve chosen someone you trust to carry out your wishes.
2. Communicate with the attorney-in-fact. Ensure that the agent you have chosen fully understands what is being asked in establishing the power of attorney.
3. Consider the power of attorney type. Each type of power of attorney is most suited for the given intention, so be sure to have a clear goal in mind and choose the type that makes the most sense.
4. Create the document. Once you have chosen your agent, discussed their responsibilities, and considered the right power of attorney type, you can now draft the document itself. Ensure that all necessary details are included.
5. Comply with all legal requirements. Make sure that the document that you’ve drafted follows all appropriate protocols and is compliant with California legal codes and regulations. This is the step in which partnering with an experienced power of attorney lawyer can be of the most benefit.
6. Complete the filing process. When your document is written and meets all criteria, you can then correctly file it away. Ensure that you keep it safely stored while providing access to it for anyone involved in carrying it out.

Once you have completed these steps, you will have a legally binding document granting powers of attorney to your agent for the specified manner and time period.

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

In California, a durable power of attorney needs to meet one of two conditions to be legally valid. It must either be:

• Signed by a notary public
• Signed by two witnesses

If you do not have your durable power of attorney signed by a notary, you will need to have two separate witnesses present together at the signing of the document. The witnesses cannot include the agent assigned in the power of attorney. They must either witness the signing of the power of attorney or witness the principal signing or acknowledging their signature.

Although California allows for an alternative, having a power of attorney notarized is highly recommended. When it comes time to review the document for verification, there will be a lot less confusion or potential for dispute if it is signed by a notary. Additionally, the document must be notarized if you plan to record the power of attorney with the county office. If your power of attorney includes real estate powers to your attorney-in-fact, you are legally required to file the document with the county records office, meaning that you must also have it notarized. Notarizing your power of attorney is a relatively easy step in the overall process and will save everyone time and hassle later.

What Is the Most Effective Way to Avoid Issues With Powers of Attorney?

Despite their legally binding nature, durable powers of attorney can often be rejected at the time when they would otherwise go into effect. Financial institutions, for example, will often reject powers of attorney that are considered old. In many cases, you may also consider establishing a limited trust along with your durable power of attorney.

By creating a limited trust, in which a trust is established with similar limitations and expressed intent as a power of attorney, you create another legally binding agreement to manage your estate with the help of a trustee or co-trustee. Most financial institutions are more readily accepting of living trusts, and you will have another legal layer of protection for yourself and your assets with this estate planning process. Creating a living trust alongside a durable power of attorney can keep your assets out of probate and ensure that all appropriate parties maintain full control.

Representing Your Durable Powers of Attorney

If you are ready to speak with an Oceanside estate planning attorney or durable powers of attorney lawyer, then contact the office of Paul V. L. Campo today at Estate Preservation Group. He and his team can ensure that you have everything properly set up to protect you, your assets, and those you love in all foreseeable circumstances that could come your way.