Understanding Durable Powers Of Attorney

Wills and certain other estate planning documents state your end-of-life wishes and direct the distribution of your assets upon death. But good estate planning must also account for an increasingly common scenario: becoming incapacitated while still alive.

Some people live for years with degenerative diseases like dementia, or they may suddenly lapse into a coma. In situations like this, the person is alive but loses the ability to make or communicate decisions for themselves. Designating durable power of attorney is the best way to ensure that critical decisions can still be made if and when someone becomes incapacitated. Let Marissa Sirota Law in Davis, California, assist you with this.

What Does Durable Power Of Attorney Entail?

When you designate someone as your personal agent by signing a power of attorney document, you give them the authority to legally act on your behalf if you no longer have the ability to do so for yourself.

Typical tasks for durable power of attorney may include:

  • Paying your bills (which could require access to your bank accounts)
  • Upkeep and maintenance of your home
  • Coordinating in-home care
  • Defending you in lawsuits
  • Pursuing legal claims on your behalf
  • Deciding on a nursing home facility for you (if necessary)

One Size Does Not Fit All

Each durable power of attorney can be individually tailored to your desires. You can appoint one agent with many responsibilities or just a few. You may also choose to designate more than one agent, essentially granting different powers to each.

Avoiding Conservatorship

The practical reasons for durable power of attorney are fairly obvious. But here in California, designating durable power of attorney can also avoid the court process of conservatorship. Not only is a conservatorship case public, stressful, costly and time-consuming, it also leaves a judge to decide who will be in charge of your affairs. By preparing this document now, the decision will be in your hands.

Call Today To Discuss Your Case

At the Davis firm of Marissa Sirota Law, our lawyer is ready to help walk you through the entire estate planning process, including designating a durable power of attorney. To schedule an appointment, fill out our online contact form, or call us at 530-379-4488.