Once you have lost that capacity, it is too late for you to give a Power of Attorney.

To give a Power of Attorney, you must have the mental capacity to understand what you are doing. Is a Durable Power of Attorney an alternative to a guardianship?Ī Durable Power of Attorney is an alternative to guardianship only if it is given before you become mentally incapacitated. It is often more convenient to have two separate Powers of Attorney - one for financial duties and one for health care decisions. See the article entitled ' Frequently Asked Questions About Durable Powers of Attorney for Health Care' for more information on using a Durable Power of Attorney to plan your future health care. You want the Power of Attorney to take effect immediately and to continue in effect if you become incapacitated.Ĭan a Durable Power of Attorney be used to allow an agent to make health care decisions?.You want the agent to have authority only if you become unable to act for yourself or.A Power of Attorneythat says this is called a Durable Power of Attorney.ĭurable Powers of Attorney can be written to cover two situations: However, a Power of Attorney may say that it is to remain in effect even if you become disabled or incapacitated. Unless your Power of Attorney specifically says otherwise, your agent's power ends if you become mentally incapacitated.

Your Power of Attorney ends when you die.

A Power of Attorney can be written to last either for a limited period of time or indefinitely.

The future time may be a specific date or may be defined by the occurrence of some event - for example, a decision by your doctor that you are unable to make decisions on your own.

A Power of Attorney can be written to take effect immediately upon signing or to take effect at some time in the future.

When does a Power of Attorney take effect and how long does it last? You should speak with a lawyer if you have questions about these issues. On the other hand, giving an agent broad powers to make gifts of you property may result in serious problems if the agent turns out to be untrustworthy or unwise. Authority to transfer property from the disabled spouse to the healthy spouse may be important for Medicaid eligibility purposes. Specifically authorized powers may be especially important for married people concerned about what would happen if one spouse became ill and needed nursing home care or other long-term care.

the power to vote in public elections and.

the power to designate beneficiaries of your insurance policies.

the power to change your community property agreement and.

the power to make gifts of your money or other property.

Those requiring specific mention include: But some powers are given only if they are specifically mentioned. Must each power that is given be specifically mentioned in the paper?īroad language giving an agent 'all powers' to manage your financial affairs or make health care decisions may be enough for many purposes. You must specify in the Power of Attorney document what powers you are giving to your agent and when those powers are to take effect.

manage your financial matters generally or.

apply for public benefits (such as Medicaid, Medicare, or Social Security) for you.

Many things that people do may be done through agents. What kinds of things may I authorize an agent to do? The powers given may be very limited or very broad. It should give only those powers you want to give. If you give a Power of Attorney, you are called the principal and the person you give it to is called the agent or the attorney-in-fact.Ī paper giving a Power of Attorney should be clear and understandable. You can give someone the legal authority to act for you with a document called a Power of Attorney. It is often convenient - or even necessary - to have someone else act for you.

Ca financial power of attorney