A California Durable Power of Attorney is an essential legal document that every adult California resident should consider including in their California Estate Plan.
A Durable Power of Attorney ensures that, should you become incapacitated, your finances will be managed by someone you trust. It's a vital part of California Estate Planning, providing peace of mind for you and your family.
Are you prepared for life's unexpected events? Find out during a free case evaluation with Amichai Law’s experienced estate planning attorney. Dedicated to protecting your family's future, Amichai Law helps California residents safeguard their interests when life doesn't go as planned
Call (619) 356-0517 or complete a brief online form to explore your legal options.
What is a Durable Power of Attorney?
A Durable Power of Attorney is a legal document that empowers an agent of your choosing to act on your behalf regarding all your financial matters (or only those specific matters you define), based on the timing you dictate, usually when you become incapacitated.
Incapacitated means you're unable to manage your own financial affairs or make responsible decisions for yourself, potentially due to illness, injury, or cognitive decline.
What is the Difference Between a regular Power of Attorney and a Durable Power of Attorney?
The key difference between a Durable Power of Attorney and a regular Power of Attorney is that a California Durable Power of Attorney remains valid even after you become incapacitated, providing continuous protection.
Why is a California Durable Power of Attorney Important, Even If You're Healthy?
You need a Durable Power of Attorney precisely because you are healthy! The time to create a California Durable Power of Attorney is before you need it. Once you become incapacitated, it's too late.
If you become incapacitated without a Durable Power of Attorney, your family will likely have to file for conservatorship in the California courts. The filing fees and legal services for conservatorship can cost thousands of dollars – far more than the relatively low cost of a California Durable Power of Attorney. With a California Durable Power of Attorney, someone you trust can step in on your behalf immediately (or at a later date you choose) without any need for costly and stressful court intervention. It’s a vital piece of your California Estate Plan.
What are Some of the Powers a California Durable Power of Attorney Can Include?
- Power to manage any real and personal property and companies on your behalf.
- Power to handle any claims and litigation on your behalf.
- Power to supervise the care of your pets.
- Paying bills and managing bank accounts.
- Making investment decisions.
- Appointment of Conservator: Appointing your preferred conservator through your Durable Power of Attorney while you have the capacity to do so is crucial. If you become incapacitated without this designation, the court (not you or your family) will decide who your conservator will be, as well as having to oversee your estate and finances..
Why Choose Amichai Law for Your California Durable Power of Attorney?
- Virtual and Weekend Meeting Availability: We understand the importance of your California Estate Plan, including your California Durable Power of Attorney. We offer virtual meetings and even Sunday appointments to fit your busy schedule.
- Experienced Drafting of California Durable Power of Attorneys: There are many important considerations when drafting a California Durable Power of Attorney, that is why you need an experienced attorney well versed in California Estate Planning. Amichai Law is experienced in drafting comprehensive California Estate Plans, including California Durable Power of Attorney documents. We'll help you make the best decisions for your unique circumstances. Some key considerations we'll discuss:
- Who should be your agents?
- What is the preferred order of agents?
- What event should trigger the agent's authority?
- What specific powers should your California Durable Power of Attorney grant?
- Is your Durable Power of Attorney a stand-alone document, or is it part of a larger California Estate Plan?
- Clear Communication: At Amichai Law, we provide premium legal services and exceptional communication, charging a flat fee so our clients never worry about being "on the clock."
What is the Process of Creating Your California Durable Power of Attorney with Amichai Law?
- Free Consultation: Determine if we are a good fit for you
- Questionnaire: We will send you a brief document to give us the basic estate planning information needed.
- Document drafting and signatures: Your new documents will be drafted in a timely fashion for your immediate review, explanation, and signatures.
- Future Changes: Life happens. This means that certain circumstances may cause you to want to change your California Durable Power of Attorney. Amichai Law is always one email or phone call away if you wish to discuss any changes with our firm.
Protect yourself, your assets, and your family's well-being by creating a California Durable Power of Attorney today! Please fill out our Contact Page to get started! If you wish to discuss creating a comprehensive California Estate Plan, we’re here to assist you.
As discussed, not having a California Durable Power of Attorney can create immense hardship for your family, who may be unable to assist you or themselves without access to your finances. Filing for conservatorship can be time-consuming and costly. Secure your future with a California Durable Power of Attorney from Amichai Law.