Power of Attorney
A power of attorney appoints an attorney in fact to act for you as your agent. A power of attorney is a legal document that details the authority of the appointed attorney in fact. The person granting the power of attorney is called the principal and the person who is given the power of attorney is called the attorney in fact. Generally, the power lasts from the time granted until the principal’s death unless revoked by the principal earlier. A Power of Attorney will cease to be affective if the principal becomes incapacitated.
Importantly, a Durable Power of Attorney either stays effective or often becomes effective when the principal becomes incapacitated and lasts until the principal passes away.
Like many estate planning documents, the DEVIL is in the details, the scope of your Power of Attorney can be as broad or limited as you like; as with a general Power of Attorney, you retain your decision making authority. Your agent can never override you as long as you are legally competent.
Under a durable power of attorney for financial and property issues, your agent can buy and sell real estate, manage bank accounts, investments and access your records.
A springing durable power of attorney becomes effective upon the incapacity of the principal. If you want the powers granted to take effect upon signing the documents, you will need an immediate durable power of attorney.
Durable Power of Attorney for Health Care
Much like a living will, the durable power of attorney for health care appoints an attorney in fact to make health care decisions based upon your specific and spelled out wishes upon your incapacity. A Lonich and Patton estate planning attorney will be able to assist you with the specific direction and authorization you are willing to give.
Importantly, a Durable Power of Attorney either stays effective or often becomes effective when the principal becomes incapacitated and lasts until the principal passes away.
Like many estate planning documents, the DEVIL is in the details, the scope of your Power of Attorney can be as broad or limited as you like; as with a general Power of Attorney, you retain your decision making authority. Your agent can never override you as long as you are legally competent.
Under a durable power of attorney for financial and property issues, your agent can buy and sell real estate, manage bank accounts, investments and access your records.
A springing durable power of attorney becomes effective upon the incapacity of the principal. If you want the powers granted to take effect upon signing the documents, you will need an immediate durable power of attorney.
Durable Power of Attorney for Health Care
Much like a living will, the durable power of attorney for health care appoints an attorney in fact to make health care decisions based upon your specific and spelled out wishes upon your incapacity. A Lonich and Patton estate planning attorney will be able to assist you with the specific direction and authorization you are willing to give.
CONTACT US
1871 The Alameda, Suite 475
San Jose, CA 95126
Phone: (408) 553-0801
Fax: (408) 553-0807
contact@lonichandpatton.com
1871 The Alameda, Suite 475
San Jose, CA 95126
Phone: (408) 553-0801
Fax: (408) 553-0807
contact@lonichandpatton.com
Lonich & Patton, LLP also specializes in the areas of Family Law and Business Law.
WHERE WE PRACTICE
Lonich & Patton, LLP handles estate planning, trust administration and probate matters for clients in northern California, San Jose and Silicon Valley. Our attorneys regularly serve clients in Santa Clara County, San Mateo County, Alameda County, Contra Costa County, Santa Cruz County, Monterey County and San Benito County, including the cities of Sunnyvale, Santa Clara, Mountain View, Cupertino, Los Gatos, Campbell, Saratoga, Redwood City, Oakland, Salinas, Fremont, Hayward, Concord, Berkeley, Richmond, Morgan Hill, Milpitas, Santa Cruz, Los Altos, San Leandro, Livermore, Union City, Walnut Creek, Pleasanton, South San Francisco, Gilroy, Castro Valley, Watsonville, Newark, Hollister, Monte Sereno and Menlo Park.
WHERE WE PRACTICE
Lonich & Patton, LLP handles estate planning, trust administration and probate matters for clients in northern California, San Jose and Silicon Valley. Our attorneys regularly serve clients in Santa Clara County, San Mateo County, Alameda County, Contra Costa County, Santa Cruz County, Monterey County and San Benito County, including the cities of Sunnyvale, Santa Clara, Mountain View, Cupertino, Los Gatos, Campbell, Saratoga, Redwood City, Oakland, Salinas, Fremont, Hayward, Concord, Berkeley, Richmond, Morgan Hill, Milpitas, Santa Cruz, Los Altos, San Leandro, Livermore, Union City, Walnut Creek, Pleasanton, South San Francisco, Gilroy, Castro Valley, Watsonville, Newark, Hollister, Monte Sereno and Menlo Park.