Victorville Power of Attorney Lawyer
Establish a Power of Attorney Before You Need It
It doesn’t matter if you just graduated college or recently had your first child: You need a power of attorney in case anything bad were ever to happen to you. Life throws unexpected circumstances at people all the time, which is why it’s in your best interest to plan for the future and hire our skilled lawyer to help you prepare and implement any significant decisions that you want carried out in your absence.
At the Law Office of Heather Hinton, we can provide hands-on legal guidance to help you appoint your power of attorney(s) precisely. No matter what your needs are, it’s important to express them as clearly and lawfully as possible to avoid any confusion, or else the state of California may end up making key decisions for you.
What Is a Power of Attorney?
A power of attorney is a legal document that gives someone (called an agent) permission to act on your behalf in case you become incapacitated or are unable to do so. A power of attorney expires when you die. Choosing an agent is a considerably crucial decision to make because you’re essentially giving someone the power to speak for you when you are unable to speak for yourself. Therefore, you must select a trusted person who has your best interests in mind.
What are the Four Types of Power of Attorney?
There are four types of power of attorney: general power of attorney, durable power of attorney, special or limited power of attorney, and springing power of attorney. Which type of power of attorney you need will be specific to your individual situation.
General Power of Attorney
The agent has the power to handle all matters on your behalf while you are alive and mentally capable. Their power ends when a transaction is completed, or you become incapacitated. These powers include:
- Controlling bank accounts
- Filing taxes
- Handling insurance
- Business transactions
A general power of attorney is useful if you are older and unable to successfully execute tasks on your own, or if you leave the country and need someone to perform certain tasks for you.
Durable Power of Attorney
The agent can act on your behalf only when you become incapacitated or when you’re unable to make decisions for yourself. You can choose what the agent can or cannot do, as long as your documents clearly outline these requests. A durable power of attorney becomes effective once you sign it.
- Durable financial POA: The agent has control over the financial documents and transactions you permit, such as: Paying bills and taxes, accessing your bank accounts, making investments and operating your business.
- Durable healthcare POA: The agent can make healthcare decisions on your behalf. This only applies if you become temporarily ill and cannot make medical decisions on your own. For example, if you got in a bad car accident which left you in a coma for months, your durable healthcare POA will decide which treatments you do or do not receive, unless otherwise outlined in your document.
Special or Limited Power of Attorney
This agent is typically used for a certain purpose and lasts for a brief period of time. In most cases, a special POA is needed for specific actions when you, the principal, are unable to act on your own. For example, a star athlete may be signed to a two-year contract and designate a special POA to invest or deposit checks for them during those two years. Or, if you’re out of town and need someone to sign your lease agreement for you, your special POA can do that.
Springing Power of Attorney
The agent’s power only comes into effect once you become incapacitated or unable to make your own decisions. It is important that you define what “incapacity” means when creating your documents, or else your springing POA will have to go through a time-consuming process to obtain legal permission to act on your behalf.
Do I Need a Lawyer for Power of Attorney?
While you don’t need a lawyer to set up a power of attorney, it can make the process much easier. An immense amount of thought and detail is required to successfully complete your power of attorney documents, and having a power of attorney lawyer can help you navigate the process. Without in-depth descriptions of your needs and directives for when your agent can act on your behalf, you may cause unintended consequences for yourself and your family. The last thing you want is for a court to decide who makes what decisions on your behalf.
To best prevent this chaos and confusion, our skilled power of attorney lawyer will listen carefully to your needs and goals, and help you draft your documents with extensive detail and legal insight. We can advise you on the most effective strategies for implementing your wishes clearly and accurately. Our goal is to make sure your plans are expressed concisely and thoroughly to best avoid any issues. Assigning a power of attorney is a major life decision, so contact a power of attorney lawyer near Victorville today to schedule a consultation.
Whether it is in the courtroom or at the negotiation table, Heather Hinton will advise on the best approach based on your unique situation.
Every case has its own intricate facts that Heather Hinton will carefully review in order to provide targeted legal advice for your legal matter.
Heather Hinton works with clients one-on-one so they can gain the full and unimpeded benefit of her legal experience and knowledge.