Many people know the importance of adding a will or possibly a trust to their estate plans. However, numerous California residents don’t understand the importance of powers of attorney. These documents give another person (agent) the power to make decisions on their behalf. By including these documents in your estate plan, you’ll protect your family against having to file for a conservatorship. That means they will avoid the stress of going to court to care for you, and you can choose who will step into that role when necessary.
Schedule a free strategy session with our Orange County powers of attorney lawyer to discuss your needs moving forward. You can then create a proactive estate plan that includes the documents necessary in case you become incapacitated.
Your Orange County powers of attorney lawyer can draft springing or immediate powers of attorney. Both are durable, meaning they will remain in effect if you become incapacitated. An immediate power of attorney goes into effect as soon as it is created. In contrast, a springing power of attorney only goes into effect after the stated event, such as incapacitation. For instance, you can create a springing power of attorney for your finances. The agent won’t have any authority to make financial decisions until you become incapacitated. Then, it springs into effect, allowing the agent to act on your behalf. Your attorney will help you clearly outline what constitutes incapacitation so the agent cannot abuse the power.
A power of attorney for healthcare is an advance directive. This is a springing power of attorney, meaning it won’t go into effect unless you cannot make healthcare decisions for yourself. Your Orange County powers of attorney lawyer might recommend that you create a living will to go along with this advance directive. You can use your living will to explain if you would like extraordinary measures to be taken as you near the end of your life. If you do want such measures taken, you can outline them in the document. Then, your healthcare agent will refer to your living will when making health care decisions.
You should also discuss your desires with your physician and the agent you choose. With the right information, your healthcare team and agent will be able to make decisions based on your desires.