Newman Law Group

Is a durable or springing power of attorney right for you?

In many cases, it is a good idea for California residents to have someone who can make decisions for them and act on their behalf when they are not available. Fortunately, power of attorney documents can help interested individuals appoint a trusted person to such a role. However, different types and powers exist, so it is wise to understand available options.

One power of attorney option is to make a durable POA. A durable document means that the agent gains legal authority immediately after the document is signed. Some people may not have a problem with such a fast-acting document, but others may feel uncomfortable with someone having that power when it is not strictly necessary. Luckily, other options exist that could be more appropriate.

If individuals would rather have their agents obtain power later, a springing POA may better suit their needs. With this document, the appointed agent does not have power until the principal becomes incapacitated. Often, a medical professional will have to deem the principal incapacitated first, but the document can contain details regarding exactly when the power springs into action.

It is important to fully understand how the different power of attorney documents work. While having various options can ensure that California residents are comfortable with their choices, they need to ensure that they choose the right one for their specific desires. Interested parties may want to gain more information on available POA options by discussing this planning tool with knowledgeable attorneys who can provide insight into specific cases and situations.

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