What would happen if an injury or an illness suddenly incapacitated you?  Who would pay your bills and handle your financial affairs? If you could no longer communicate your wishes, how would doctors know what medical decisions you wanted to make?

You can resolve all these issues with a durable power of attorney. A power of attorney gives a trusted person the legal authority to make decisions for you if you can no longer make them for yourself. You can specify the powers you want your designated agent to have, and you can keep making your own decisions for as long as you are able.

BoyesLegal, APC is an estate planning firm serving San Jose, California. We can answer all your questions about both financial and medical powers of attorney and help you decide what powers you want to assign to your trusted agent. If you need help creating a durable power of attorney in San Jose, California, contact our estate planning attorneys today.

Power of Attorney in San Jose, California

There are two types of power of attorney in California:

You can make one person the agent for both your financial and medical decisions, or you can select a separate agent for each.

How a Durable Power of Attorney Works

A durable power of attorney is a legal document that appoints an agent, also known as an attorney-in-fact, to handle certain tasks for you. According to the Santa Clara County Courts, your agent can handle any task you give them the power to perform, with one exception. Under California law, your agent can create a trust on your behalf but cannot modify your will in any way. 

Powers Granted by a Financial Power of Attorney

The form you use to establish a power of attorney will list the specific powers you want your agent to have and when you want these powers to come into effect. You can give your agent authority to handle transactions involving:

  • Real estate
  • Personal property
  • Commodities and options
  • Stocks and bonds
  • Business operations
  • Banking
  • Insurance
  • Trusts
  • Litigations and claims
  • Hiring consultants, attorneys, nurses, doctors, clerks, and other professionals
  • Government benefits
  • Retirement plans
  • Taxes

You can make a power of attorney effective immediately or specify that it will become effective only when you become incapacitated. You can also specify whether you want the power of attorney to end on a specific date, or you can allow it to remain effective for the remainder of your life unless revoked.

Duties of an Agent

It is extremely important that you select an agent you can trust completely because of the extensive legal authority the power of attorney grants them. Your agent must be able to perform many of your current financial responsibilities while adhering to the legal duties of an agent, including:

  • Acting solely in the interest of the principal
  • Avoiding all conflicts of interest
  • Keeping the principal’s property completely separate from the agent’s property

You should not give anyone the authority of an agent unless you trust them to adhere to these rules.

Setting up a Durable Power of Attorney in San Jose, CA

To establish a durable power of attorney:

  • Contact a San Jose estate planning lawyer to discuss what you need
  • Decide who you want for your agent
  • Decide what powers you want to grant your agent
  • Fill out the Durable Power of Attorney form with your attorney’s help
  • Sign and date the form in the presence of a notary public or two witnesses   

Powers Granted by a Medical Power of Attorney

A power of attorney for health care is a separate form from a financial power of attorney. Like a financial power of attorney, this form grants authority to an agent to make decisions on your behalf, but those decisions are medical rather than financial. 

The form grants your agent the authority to make all medical decisions on your behalf except those you specifically choose not to grant. Your agent has the authority to tell your doctors what to do to keep you alive if you become incapacitated, including whether to provide, withhold, or withdraw hydration and artificial nutrition. The agent must make these decisions in accordance with your wishes, which you can specify in the form.

You can decide whether your power of attorney for healthcare becomes effective immediately or only when a doctor determines that you are no longer able to make medical decisions for yourself.

Instructions for Health Care

In the power of attorney for health care form, you can instruct your agent on whether you want doctors to:

  • Prolong your life as long as possible if you become incapacitated
  • Not prolong your life if your condition is incurable or irreversible or if you are unlikely to recover consciousness
  • Provide pain relief even if it will hasten your death
  • Donate your organs after your death

Like a financial power of attorney, you must sign a medical power of attorney in front of two witnesses.

Contact a San Jose Estate Planning Attorney Today

It’s always a good idea to have an experienced estate planning attorney help you with your power of attorney forms. An experienced San Jose attorney will understand the legal implications of every aspect of the form and will be able to answer all your questions about the different powers you’re considering granting to an agent. 

BoyesLegal, APC is a law firm serving San Jose, California. We handle several different areas of law, including estate planning and probate administration. Our personalized approach allows us to give our clients exactly what they need for their specific situation. Whether you want to grant an agent broad authority or only a few specific powers, we can help you put together the durable power of attorney form you need. Contact our durable power of attorney lawyers today.