At Green & Stewart Attorneys at Law, we help clients draft effective and comprehensive durable powers of attorney. Speak with our estate planning lawyers in Pasadena today at .
What is a Durable Power of Attorney?
A durable power of attorney is a written authorization to represent or act on another’s behalf in private affairs, business, and some other legal matters when that person becomes incapacitated due to physical injury or mental illness. A correctly drafted durable power of attorney will continue to be effective once the person becomes incapacitated, unlike other power of attorney documents.
What Are the Benefits of a Durable Power of Attorney?
It will allow a trusted individual to make certain that all legal and business matters are dealt with in a timely manner in case of emergency.
What if I Do Not Have a Durable Power of Attorney?
Nobody may be able to conduct your financial or legal business on your behalf. You may not be able to file tax returns, take advantage of beneficial real property transactions, protect any legal rights you may have, etc. In many cases, there is no reason to not have a durable power of attorney, since it can be drafted to only take effect upon incapacitation.
Are there Differences Between a Durable Power of Attorney, a Living Will & an Advanced Health Care Directive?
A durable power of attorney will safeguard your financial and legal rights, but living wills and advanced health care directives will not. A living will can help you dispose of your assets upon death but does nothing to safeguard any of your rights. An advanced health care directive, while it will protect your health care rights, will not safeguard any financial or legal rights. You should consult an attorney to see what rights you have protected with your already existing documents.