Power of Attorney

A Power of Attorney is a document legally authorizing another person to act for you in one or more ways. It can be very specific and limited or very broad. It can be limited as to what actions it allows another to do for you, and it can be limited in duration. An example of a power of attorney would be a document allowing a wife to sell a home owned by her and her husband if needed while he is out of the country on business. All powers of attorney become void when the person giving the power of attorney (the principal) dies.

There are different kinds of power of attorney that satisfy the needs for various situations:

Durable Power of Attorney

A Durable power of attorney remains in effect after the person giving the power (the principal) becomes incapacitated. It is typically used in Living Trust Estate Planning Packages.

General Power of Attorney

A General Power of Attorney automatically becomes void when the person giving the power (the principal) becomes incapacitated.

Uniform Statutory Power of Attorney

The California Probate Code provides the language and format for a power of attorney that is useful in many situations. It can either be durable or general depending on how it is filled out.

Power of Attorney for Health Care

In California, a power of attorney for health care matters is known as an Advance Health Care Directive.

For specific information and legal advice regarding a power of attorney, please call and schedule your free initial consultation with a Van Sickle & Rowley Estate Planning Attorney.