San Marcos Power of Attorney Lawyer

San Marcos Power of Attorney

The thought of being incapacitated, ill, or otherwise unable to make your own decisions is unpleasant, but as you proceed with estate planning, it’s an important step to ensuring your wishes are met. You want to make sure the person you choose is trustworthy and will handle your affairs with care, and that a power of attorney is legally binding and in line with your wishes. A San Marcos power of attorney lawyer can help alleviate your worries about the future by working with you to create this document.

What Is a Power of Attorney, and Why Do I Need One?

A power of attorney (POA) authorizes another person to make decisions for you should you become unable to make those decisions for yourself. This is a legal document. The person you choose would become an “agent” or “attorney in fact.” A power of attorney can be revoked at any time, or it ends at death.

Creating a power of attorney will grant you and your loved ones peace of mind, will help protect your assets from financial abuse, and could avoid costly legal proceedings.

How a Power of Attorney Works

Drafting a power of attorney is usually a part of estate or long-term care planning. Powers of attorney come in many different forms, granting the agent the ability to make different types of decisions. The decision the agent can make depends on the type of power of attorney.

A durable power of attorney allows someone to make these decisions even when you become incapacitated or are otherwise deemed incompetent. The following are considered durable powers of attorney:

• Medical. The agent is allowed to make decisions on your behalf about your healthcare decisions, such as where you will live, meals, hiring help, and whatever else is required. In California, this type of POA is usually included with a living will, which details your medical treatment wishes. When they are combined, it’s called an “advanced health care directive.” Only 18-36% of US adults have an advanced care plan, even though 78% of ER doctors found them useful.
• Financial. This type allows the agent to make decisions about your financial, property, and business decisions should you be unable to make them yourself. An asset attorney can help you create a power of attorney that will help protect your assets.

In contrast, a nondurable power of attorney ends when one becomes unable to make those decisions. This type of power of attorney is usually only used once or for a limited amount of time and is used for things like recovering from surgery.

A power of attorney does not allow an agent to accept or receive any of your property as a gift or in a trust.

Choosing Your Agent

Giving someone the legal authority to make medical and/or financial decisions is not to be taken lightly and requires a few considerations, such as:

• Where is your agent located? Choosing someone across the country to act on your behalf can be difficult and messy, but choosing someone nearby will make it easier for them to do what’s needed, such as pay bills or look after your property.
• Are you married? Most married couples will choose their spouse to be the power of attorney so that conflicts don’t arise between the agent and their spouse. If your spouse is ill or otherwise incapacitated, then it’s recommended to pick a power of attorney that you both agree on.
• Do you want multiple agents? In general, one agent is preferable because having more than one can cause unnecessary confusion, but it’s possible to choose an alternate agent if the first is unable to perform the task.

The Legal Requirements for a POA in San Marcos, California

California has certain requirements set in place for a power of attorney to be considered valid. First of all, the person creating the power of attorney must be of sound mind. They have to be able to make their own financial decisions and be able to resist fraud or undue influence.

You will then draft a document that details your agent’s responsibilities. It’s important that everything you expect and hope for is detailed in the document for legal clarity. A San Marcos attorney will know how to translate your wishes on the page and make sure your needs are correctly documented.

After the document is drawn up, it must be reviewed to ensure that it follows legal protocol and, thus, is legally binding. Using a lawyer who has experience with these laws and regulations will help this process move smoothly. If the power of attorney is for you, then you must sign it with either two witnesses or have that signature notarized, for which the San Diego County Assessor has a complete list. The agent you have chosen will need to sign as well and cannot be one of the witnesses.

A power of attorney must then be filed away in a safe place. Make sure those who are involved know exactly where it is so that it can be used when the time comes.

Benefits of Working With a San Marcos Power of Attorney Lawyer

While the state of California doesn’t require a lawyer to draft a power of attorney, hiring a lawyer will only benefit you, especially if you choose a local San Marcos power of attorney lawyer. Because a power of attorney carries so much responsibility for your assets, having an asset lawyer carefully review the document will ensure your property and future are protected.

We will make the process as straightforward and as simple as possible. Because the Estate Preservation Group works with powers of attorney every day, we understand the many complexities and any needs that might show up for you. We will be able to answer all of your questions and ensure your wishes are well-documented.

At the Estate Preservation Group, estate attorney Paul V. L. Campo is well-versed in drafting powers of attorney and estate planning and will help you draft it with care. He serves those in the San Marcos area, including San Diego, Carlsbad, and Oceanside. Contact us to arrange a consultation today.