A power of attorney is a legal instrument that permits a person to act as an agent, or an “attorney in fact,” and to undertake specific actions regarding financial and property matters on behalf of the person granting the power. An agent can also be appointed to make healthcare decisions, and that power is granted in an advance health care directive.
A durable power of attorney is a special power of attorney that either becomes effective or remains effective when the person granting the power becomes incapacitated and lasts until the grantor’s death. In most cases, the durable power of attorney is the preferred choice of our estate planning clients.
You may grant your agent as broad or as narrow a scope of authority as you wish, but you still retain all of your own decision-making authority as long as you remain legally competent. The agent’s power may never exceed that of your own, nor override your own authority.
A power of attorney is an important part of your estate plan, and we automatically include one whenever we create a will or living trust for you. Contact us or call (925) 465-2500 or (707) 398-6008 for more information or to schedule an initial consultation at Sparks Family Law, Inc. with attorney Gary D. Sparks.