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Powers of Attorney
California law provides for "Durable Powers of Attorney." Durable means that if the person who gave the power (the principal) becomes incapable, then the person with the power (the agent) can act for the benefit of and on behalf of the principal. An Attorney-drafted Power of Attorney can include safeguards for the principal and restrictions on the agent.
The agent under a Healthcare Power of Attorney can be authorized to instruct doctors to terminate life prolonging procedures, to hire and fire doctors, and to hire personal attendants for home care, all in accordance with the principal's stated wishes.
The agent can also be instructed to arrange for burial or cremation.
An agent under an Asset Power of Attorney can manage the principal's financial affairs during incapacity. The powers granted are usually quite broad so selecting a trustworthy agent is of paramount importance.
A Power of Attorney can be written so that the power becomes effective only when the principal becomes incapable, as certified by two (2) doctors. Accordingly, the power can be written now for future use.
The Power of Attorney is an important document, which should be discussed fully prior to execution. Its value in avoiding expensive, court-supervised conservatorships are substantial.