Durable Powers of Attorney
A durable power of attorney for legal, financial and property matters allows you to designate an agent (referred to as attorney-in-fact) to manage your personal affairs for you if you become incapacitated. A durable power of attorney can be effective immediately or only upon the declaration of a doctor that you are unable to manage your own affairs.
Durable Powers of Attorney Services
If you become unable to manage your finances and you have not prepared a durable power of attorney, your spouse, partner, child, or friend will have to ask the court for authority to handle your financial affairs. This procedure, called a conservatorship proceeding, can be time consuming and expensive, and will likely take place when your family is least able to handle it. In contrast, preparing a durable power of attorney is simple and uncomplicated. And, if you do become incapacitated, this document will be a huge relief to those closest to you because they will be able to take care of your financial obligations without seeking intervention by the court.
The Law Offices of Eric A. Rudolph P.C. can help. An experienced California estate planning attorney can provide you with more information on preparing durable powers of attorney for you and your loved ones.
Durable Powers of Attorney FAQs
Yes, everyone should have a Durable Power of Attorney (DPOA) for legal, financial and property matters. If you become incapacitated and are unable to manage your finances, a DPOA will be invaluable to your loved ones. If you are incapacitated, without a DPOA your loved ones will have to go to court to be named your conservator. But if you already have a DPOA in place, you will avoid the need for a conservatorship (the same way a living trust avoids probate). Have an experienced estate planning attorney prepare your DPOA.
A “Springing Durable Power of Attorney (DPOA)” only takes effect upon a doctor’s declaration of your incapacity (which means you lack the cognitive ability to take care of your affairs). Until your DPOA agent has a written declaration from a doctor, your Springing DPOA does not take effect. An “Immediate DPOA” is exactly what you think it is – it takes effect immediately upon signing and does not require a doctor’s written declaration to take effect, which means your DPOA agent can act on your behalf immediately regardless of your incapacity.
In California, the document that names an agent to make your medical decisions is called an “Advance Health Care Directive (AHCD)”. In other states, this document is often referred to as a “Living Will” or “DPOA for Health Care”. If you live in California you should have AHCD, which is the document that allows you to name an agent for health care decisions and designate your health care and end-of-life decisions. If you do not have an AHCD and you are unable to make medical decisions for yourself, your loved ones will need to go to court and be appointed the conservator of your person.
If you become incapacitated you should already have your Durable Power of Attorney (DPOA) and Advance Health Care Directive (AHCD). You DPOA allows your agent to manage your legal, financial and property matters while your AHCD allows your agent to make medical decisions for you. If you do not have a DPOA and AHCD and you become incapacitated it will be too late to create these documents and it will be necessary for your loved ones to go to court to be named your conservator. Having a DPOA and AHCD already in place will avoid the need for a conservatorship.
Durable Powers of Attorney Palm Springs, Ca
Estate Planning Attorney, Eric A. Rudolph, Esq. proudly offers a full range of specialized estate planning and durable powers of attorney services. His dedicated guidance has helped many Palm Springs families, LGBTQ, couples and individuals avoid financial and legal pitfalls.
The Law Offices of Eric A. Rudolph P.C. provides durable power of attorney guidance to the desert community including:
Contact Palm Springs Estate Planning Lawyer Eric A. Rudolph, Esq. for a consultation.
Contact Us
The Law Offices of Eric A. Rudolph P.C.
400 S. Farrell Drive, Suite B200
Palm Springs, CA 92262
Phone: (760) 673-7600
