Can the durable power of attorney be revoked? Once you have completed the form, the power of attorney becomes valid immediately, so it is important to be certain about your decision before making it legally binding. You should work with your estate planning attorney on completing these forms to ensure you comply with all state requirements that make it a valid, legally binding document. If you have health care power of attorney, this is already a durable power of attorney simply by its nature.īut with any other type of power of attorney, you must include language in the document that specifically makes it durable to ensure proper authorization of your chosen agent to continue operating on your behalf in the case of your incapacitation.Ĭalifornia has official power of attorney forms that include the language you need to make the power of attorney durable if it is your desire to do so. Establishing durable power of attorneyĭurable power of attorney should be a key component of your California advance health care directives. This means the person to whom you grant durable power of attorney (your agent or “attorney-in-fact”) maintains the ability to make financial or healthcare decisions on your behalf when you become incapable of doing so yourself, whether due to unconsciousness, mental illness, injury or other factors. The point of durable power of attorney is to allow that power of attorney to endure even if you become incapacitated. Traditional types of power of attorney, however, all have some limitations in that they may have an expiration date, or may be automatically revoked in the event of mental incapacitation. You might, for example, give someone general power of attorney, which authorizes them to purchase or sell property, manage your finances and investments, run a business, or handle government benefits for you. Power of attorney is a type of legal document that authorizes another person to act on your behalf.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |