A power of attorney (POA) is a document that gives a person the legal authority to make decisions for you. A durable financial power of attorney is an important part of a comprehensive estate plan. With a durable POA in place, you can ensure that someone you trust will be able to manage your finances if you become incapacitated.

What Is a Durable Financial Power of Attorney?

A financial power of attorney gives another person the authority to manage your finances. The person you designate as your agent may have the power to address multiple financial issues, including paying your bills, depositing or withdrawing money from your accounts, and buying or selling property on your behalf. When a POA is "durable," this means that it will remain in effect if you are ever incapacitated, which may include any situations where you cannot make decisions for yourself or express your wishes to others.

Why You Might Need a Durable Financial Power of Attorney

There are any number of reasons why you might need to appoint someone to manage your finances if you cannot do so on your own. Perhaps you are going through cancer treatment and want to be sure your bills are paid on time, including in cases where you may be too ill to handle financial issues. If you are at an advanced age, you may want to make sure your financial affairs will be handled correctly, that your medical care will be paid for, and that your ongoing needs will be met throughout the rest of your lifetime. Whatever the reason, a durable financial POA gives you peace of mind knowing that your finances are in good hands should something happen to you.

Many people, especially when they are young, regard estate planning and the preparation of a living will as something that can wait or something that is only for older or infirm individuals. The reality is that medical emergencies can happen at any time. When a medical crisis strikes, your loved ones may be unsure about the level of care and lifesaving treatment that you may want. Each person should have a living will or advance health care directive, which can clearly specify their desired medical care and gives decision-making power to a person they choose through a medical power of attorney. The attorneys of Law Office of David Schechet will work to prepare documents that address each client's specific needs.

Benefits of a Medical Power of Attorney in California

When you grant someone power of attorney, you are giving them the legal right to make decisions in your name. Powers of attorney can cover financial management, legal and business matters, and medical care. While some, like a financial power of attorney, can take effect at any time of your choosing, a medical power of attorney typically only takes effect when you are incapacitated and unable to make decisions about your medical care and treatment.

The person you give the power of attorney should be someone you trust, such as a spouse, child, brother or sister, parent, or trusted friend since they will have the ability to make the same decisions about your health care that you would have yourself. This can include decisions on whether you should undergo surgery, medication, and treatment your doctors should provide, and which health care providers should be responsible for your care. To guide the person through your preferred treatments, you will prepare a living will or advanced health care directive. This document explains your preferences for care, treatment, and if necessary, which life-sustaining procedures you would like performed including ventilation, feeding, dialysis, and resuscitation. For end-of-life decisions, your living will can also contain a Do Not Resuscitate (DNR) order and a Physician's Order for Life-Sustaining Treatment (POLST), which will avoid the person with the power of attorney from having to make these decisions without your guidance.