Power of Attorney in Fresno, CA

Protecting Your Financial and Medical Decisions

In the event that you become ill or injured, your financial and medical decisions still have to be made. Without a power of attorney in place, no one can make those decisions for you — not even your spouse. If you’d like to give a loved one the power to handle your assets and make medical decisions when you are out of commission, a power of attorney is an excellent addition to your estate plan.

There are multiple kinds of powers of attorney to choose from, all with different benefits. Working with an experienced lawyer is the best way to create a valid power of attorney that includes your specific instructions. If you’re interested in creating a power of attorney, reach out to Bains Law Offices today. We can advise you on which document is best for you and how it suits your estate plan. For a consultation, call our law office today at 559-282-8924.

What Is a Power of Attorney?

A power of attorney is a legal document that gives someone else the authority to make financial or medical decisions on your behalf. Essentially, that person can make the same decisions about your assets and medical care that you would, and their signature is as good as your signature. The person who creates a power of attorney is called the principal, and the person you assign to act for you is called your agent or your attorney in fact.

There are a few different types of powers of attorney, and you can choose the one that best fits your needs. The requirements for a power of attorney and their abilities vary from state to state.

Generally, your agent can do the following things:

Conduct real estate transactions
Speak with financial institutions
Access your bank accounts
Discuss business matters with your partners or co-owners
Sign contracts
Make healthcare decisions, like what kinds of medical treatment you do or do not consent to

In California, you can assign multiple agents to handle your affairs. Some people like this option if they want one person to control their finances and another person to control their medical wishes. If you aren’t sure whether you’d like a power of attorney, reach out to our team today for guidance.

Who Needs a Power of Attorney?

A power of attorney isn’t a requirement; in fact, for some people, it may not fit into their estate plan. However, if you own a business or a home, it might be a good idea to assign power to another person in case you are unable to make decisions on your own.

Here are some specific situations in which a power of attorney may be useful:

You get into a motor vehicle accident that leaves you unconscious. Using a medical power of attorney, your agent can decide which medical treatments you should or should not have until you wake up again
You own a business and want to buy real estate across the country to expand. You’re unable to make the trip out, so you allow your power of attorney to handle the real estate transaction for you

Many people are prepared with estate plans that have provisions for what to do with assets after they have passed. However, it’s just as important to prepare for the possibility that you may still be alive but unable to handle your affairs. If you have obligations that would still need to be taken care of if you were incapacitated, such as bills to be paid, creating a power of attorney is an important step.

What Are the Main Types of Powers of Attorney?

There are multiple kinds of power of attorney you can choose from depending on your goals and your considerations for the future. Our team will examine your estate plan and learn more about your circumstances before making a recommendation for you.

Types of powers of attorney include the following.

General Power of Attorney

A general power of attorney, sometimes also called a durable power of attorney or an attorney in fact, allows your agent to make financial decisions on your behalf. It’s one of the most flexible options, as you can revoke the document or name a new agent at any time. When you designate someone as a general power of attorney, they are generally able to handle any and all of your affairs unless there is a specific exclusion.

Limited Power of Attorney

A limited power of attorney gives your agent the power to act on your behalf under specific circumstances. For instance, you might allow your agent only to make decisions about your retirement accounts or sign contacts in your name when you are out of the country. This can be especially beneficial for those business owners who travel frequently or service members who may need someone to be able to sign documents or handle their finances when they are deployed.

Medical Power of Attorney

If you’d only like to allow your agent to make medical decisions for you, then a medical power of attorney is right for you. This document limits your agent to making healthcare decisions if you are incapacitated. Many people choose this option if they’re worried about getting into an accident or have just been diagnosed with a terminal illness.

It’s important to reiterate that a medical power of attorney only comes into play when you are unable to make decisions for yourself. Generally, a doctor or other health care provider has to make the determination that you are unable to make decisions. In some cases, this may be obvious, such as if you are in a coma or under anesthesia. If you are mentally incapacitated, a doctor will generally need to provide a diagnosis and agree that you are unable to make good decisions for yourself before a medical power of attorney is activated.

What Is the Difference Between a Medical Power of Attorney and an Advance Health Care Directive?

A medical power of attorney and an advance health care directive are two separate documents, but many people set up both. While a medical power of attorney designates an individual to make health care decisions for you if you are unable to do so yourself, an advance health care directive is a document that outlines your wishes for medical treatment if you are unable to communicate. Common topics included in an advance health care directive include whether you wish to have life-saving treatments, such as a breathing machine or a feeding tube. It can also include what medications you prefer or who you want to be treated by.

What Are the Requirements for a California Power of Attorney?

The requirements for a power of attorney in California are relatively straightforward. Our team will ensure that your power of attorney meets these requirements and that it’s legally valid.

The requirements for a power of attorney include:

The principal must be at least 18 years old
The principal must have the mental capacity to establish a power of attorney
The agent must be at least 18 years old
The power of attorney document must be signed by two witnesses or in front of a notary

If there is any question about whether the principal has the mental capacity to designate a power of attorney, it’s possible to have a health care provider write a statement detailing their findings on the person’s mental state and cognitive ability. This can help ensure that there is documentation that the principal was in their right mind and understood what they were doing at the time the power of attorney was created.

How Can a Lawyer Help Create a Power of Attorney?

A power of attorney document is a very useful estate planning tool, but it’s one that needs to be customized to your needs and goals. Our team will meet with you to learn more about your estate plan and what your goals are for using a power of attorney. We can then make recommendations about what kind of document to choose and help you create the document and pick a responsible agent.

It’s important that the person you choose to be your agent is someone you believe will act in your best interests and has the mental and emotional capacity to perform the job. For example, it’s normal to name your spouse or an adult child as your agent for a medical power of attorney. However, it may be difficult for them to separate their emotions from your wishes when the time comes. These are things to consider when designating an agent.

If you’re considering creating a power of attorney, contact Bains Law Offices today. Our team has years of experience in estate planning, and we are confident we can help you with whatever you need. Call us at 559-282-8924 for a consultation with our team.