Power of Attorney
Providing help with your power of attorney, when you need help managing finances, paying bills and help making decisions
Do you need help managing your finances?
Let’s clear up some common misunderstandings on powers of attorney, often called POA’s. There are financial powers of attorney and there are health care powers of attorney. Financial powers are for the management of money, real estate, investments, paying bills and other financial assets. Health care powers are for making medical decisions on behalf of another. Usually when a person needs one type of POA, they need both financial and health care powers.
Do you personally need help managing your finances or help with making medical decisions? If so, call 925-953-2024 to talk with an attorney to sort through what you need, or click hereto send an email.
There are two basic types of POA’s. One type becomes usable immediately and the other type does not become usable until a person loses the ability to manage their finances or health care. You have to be careful with an immediate POA because the person granted the powers has power over your money and your health care decisions. Powers can be restricted but that requires a more in dept discussion with an attorney.
for a quick help guide on the most common type of “Power of Attorney”.
Terminology and powers
Next you need to understand some common terminology. The person granting the powers is called a “principle” and the person using the powers is called an “agent”. The agent has to act at all times in the best interests of the principle, which is usually an elderly person that needs some help. The following is an example of the typical things an elderly person may need a power of attorney (agent) to help with:
- Make bank deposits, withdrawals or other financial transactions
- Manage investments in stocks and bonds
- Pay bills
- Buy or sell property
- Hire people to take care of property or a person
- File your tax returns
- Manage retirement benefits
- Negotiate and enter into contracts
- Apply for government benefits like Social Security, MediCare or Medi-Cal
Your agent can do almost anything the Power of Attorney permits under California law. You can also limit the kinds of financial decisions you want your agent to be able to make.
For you if you are elderly
Power of attorneys could be complicated and cause fear for an elderly person because they feel that granting a power of attorney will cause them to lose control of their finances. If you are having trouble managing your affairs, you need to contact us immediately. Once you lose your capacity (soundness of mind) you cannot longer grant someone a power of attorney. Then a county court has to order a conservatorship. You want to avoid that while you have your sound mind. Need a lawyer in an emergency, call 925-953-2024 or click here.
For you if you are a family member
Sometimes well-intentioned children or relatives feel awkward talking about these issues but if you suspect someone is slipping, you need to talk with us to make sure the power of attorney is legal, safe, and is properly executed while your loved one has capacity (soundness of mind) to grant you a power of attorney. Otherwise you could be held liable for elder abuse or undue influence, or worse. Know the law. Do it right.
Need a lawyer in an emergency, call 925-953-2024 or click here.
from our Power of Attorney clients.
Power of Attorney
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