Thoughtful estate planning for everything you own and everyone you love.

Jerry O'Brien – Orange County, CA

Power Of Attorney

A Power of Attorney is a legal document that allows you to appoint a person, professional or organization to manage your personal and/or business affairs should you be unavailable, unable, or unwilling to do so.
There are several types of Power of Attorney:

  • Springing General Durable Power of Attorney – Authorizes agent to continue to act after you become incapacitated
  • General Power of Attorney – Allows your agent to do everything you can do now.
  • Limited Power of Attorney – Restricted to limited time or specific circumstances
  • Statutory Power of Attorney – A Power of attorney which contains uniform powers all or some of which may be granted and additionally allows you to grant specific not listed powers to deal with you property

Be very careful when you sign a power of attorney form. Depending on the type of power of attorney form you sign, this agent could make significant financial decisions for you. Good faith reliance by third parties will protect them against claims by you and you will be left with pursuing your agent for any recovery.
Your health care is a personal choice and arguably among the most important choices you will ever have the opportunity to make. However in order to make the choices known so that they can be carryed out according to your wishes if you are unable to communicate your desires they need to be in writing. There are a number of documents which used in conjunction with one another can make certain that you will have your wishes carried out

  • The Medical Health Care Power of Attorney
  • Physician Ordered Life Sustaining Treatment Document
  • HIPAA Declaration and
  • Living Will

Each of these documents is designed to do a certain thing, they overlap to a ceratin degree and together present an unambiguous statement of how you wish to be treated when you cannot say for yourself how you wish to be treated.
Copies of these documents will work as well as the originals. Feel free to provide full copies of all these documents to your physicians and also to the people who you want to act as your agent. Go over the documents with your doctors and your agents so that they understand your wishes and you have their commitment to follow them. These are inexpensive to prepare, and you need them even if you don’t have substantial assets.