Santa Cruz Estate Planning Attorney

What is Power of Attorney?

A power of attorney is a legal document that gives another person the authority to make legal and financial decisions on your behalf. The document may limit the power of attorney to only specific actions or it may be broad and allow any action on your behalf.

Why Should I Give Another Person Power of Attorney?

Giving another person power of attorney is an insurance policy that your affairs will be handled by somebody you trust if you are unable to. If you are injured, ill or for any reason temporarily unable to make decisions your agent can carry on your affairs in your absence. If you end up in the hospital, it is important to have somebody to make sure your bills and mortgage get paid.

How do I create a Power of Attorney?

A power of attorney is a legal document. California has a statutory power of attorney you can fill out yourself that will be adequate if your affairs are simple. However if you have complicated business and property affairs or you want to limit the power you grant to just specific actions an attorney can help.

Is my Power of Attorney binding on Third Parties?

Generally most institutions will accept your agents acting on your behalf. Under a few instances, it will be wise to take extra steps to ensure your agent can act with your full authority. Some banks will only accept a power of attorney completed on their in-house forms. So it is wise to call your bank and double check. In addition matters involving real property generally require you to record a copy or memorandum of the power of attorney to the deed of the property. In addition letters should be sent to financial and other institutes letting them know about your power of attorney.