The Anastasi Law Firm offers its clients affordable, fair and prompt solutions. You can be assured the 29 years of experience will be applied to provide you with the most cost effective and reasonable solution available.
Powers of Attorney for Assets
A “power of attorney” is a legal instrument which grants another person the authority to act as your legal representative, and to make binding legal and financial decisions on your behalf. A “durable power of attorney” continues even after a condition of incapacity has arisen.
The power of attorney grants significant power to a third party agent to act on your behalf and sign your name to legal contracts. You should give careful consideration to the person to whom you choose to grant those powers, and whether any limits should be imposed in the time the power of attorney will last, or in its scope. A “general” power of attorney is unlimited in scope and duration, and permits the named individual to act as your legal representative in relation to financial matters until such time as it is revoked. A “special” power of attorney imposes limits upon the named representative, and may restrict the scope of that person’s powers to a single type of conduct or a single transaction.
A power of attorney may become effective at the time it is signed, or it may spring to power upon the occurrence of a specific future event.
You can help determine what will happen in the event of temporary or permanent incapacity by making arrangements in advance. Through estate planning, you can choose those who will care for you and your estate if you ever become unable to do so for yourself.
You should also consider setting up a durable power of attorney for financial management to handle limited financial transactions and to deal with assets that may not have been transferred to the living trust. You designate an agent or attorney-in-fact to make financial decisions and manage your assets on your behalf if you become unable to do so.
Power of Attorney for Health Care
Sometimes referred to as an Advance Health Care Directive, the durable power of attorney for health care allows you to designate an attorney-in-fact to make health care decisions for you if you ever become unable to make such decisions for yourself in temporary or permanent situations. In addition, this legal document will usually contain your wishes concerning such important matters as invasive or artificial life-sustaining treatment and other health care issues and instructions concerning organ donation, disposition of remains and your funeral.
If you do not have a power of attorney for health care, someone may be forced to seek a court order to become appointed, usually deemed a “guardian” or “conservator”, who will be authorized to manage your medical care. Further, a court might not appoint the person you would have preferred, and might not permit the care and treatment you would have desired.
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Contact us today to set up a Free Consultation (20 minutes) either in our office or over the phone. In the San Jose metro area, call us at 408.292.2606. In the Santa Cruz area, call us at 831.475.0771.