The Importance of a Durable Power of Attorney – The McNamara Law Firm

In California, a Durable Power of Attorney (DPOA) is an important legal document that allows someone else to make decisions and manage your affairs if you become unable to do so. Here’s what you need to know about it:

• A DPOA grants someone else, known as an “agent” or “attorney-in-fact,” the legal authority to make financial and legal decisions for you.
• In California, there are two main types of DPOA documents:
1: A Financial DPOA: This authorizes your agent to handle financial matters for you;
2: A Healthcare DPOA: Referred to as an Advance Healthcare Directive, this allows your agent to make medical decisions on your behalf if needed.
• To be valid in California, a Durable Power of Attorney must be in writing, signed by you (the “principal”), and witnessed by two adults who are not named as agents. Alternatively, it can be notarized.
• Choose someone you trust as your agent. They should be responsible, and willing to act in your best interests. Name alternate agents in case your primary agent is unable to serve.
• A DPOA can take effect immediately upon signing (immediate DPOA) or only when certain conditions are met, such as your incapacity (springing DPOA).
• You can revoke or amend your DPOA at any time, as long as you are mentally competent. Review and update your DPOA regularly, especially after significant life changes.

A DPOA is a vital legal tool for ensuring your affairs are managed according to your wishes. A qualified estate planning attorney can help you create an effective and complete DPOA to meet your specific needs and circumstances.
For more information, or to schedule an appointment, please call the McNamara Law Firm at (661) 287-3260, or visit www.theMcNamaraLawFirm.com.