Durable Power of Attorney in Sacramento
Helping You Prepare for the Future
An often preferred, if not essential, aspect of estate planning involves setting up a Durable Power of Attorney ( DPA ). With this document, you are assigning to a trusted individual the authority to act on your behalf, as if you were taking or directing that action yourself. This is an awesome responsibility that you are giving someone else and you do not want to make mistakes in the scope or circumstances of the authority granted. A DPA typically springs into effect only if you become incapacitated and only if you cannot act yourself; the person of your choice is then legally authorized to “step in your shoes” and make certain key decisions on your behalf. Examples include using your funds to pay your bills and other living expenses, even to secure necessary nursing home services for your benefit. A DPA usually allows the holder to file a lawsuit on your behalf if you have been wronged. Giving even a trusted spouse, friend or relative the authority to act on your behalf is a giving that person a monumental responsibility and should be considered carefully – but done correctly, a DPA can be an effective tool used solely for your personal benefit. The Law Office of David A. Martin & Associates, in Sacramento, can assist you with the process of creating this important legal document and ensuring that it meets your anticipated needs.
Reach out to our law office today at (916) 299-3936 to set up a consultation with a member of our legal team.
Why You Need a Durable Power of Attorney
If you become incapacitated without a durable power of attorney, you will not have anyone who is automatically authorized to act on your behalf legally, or who can maintain your finances without filing a lawsuit in Court. To assist you during a time of partial or complete incapacitation, a DPA will permit your express wishes to be followed rather than having a judge decide who fulfills that important role. This also avoids the high legal costs associated with the court process, which might include appointment of a Professional Fiduciary Agent to serve as a guardian of your estate. If such a professional is appointed, their fees will be charged to your estate, sometimes unnecessarily reducing the value of your hard earned nest egg.
There are two types of durable power of attorney:
- You can create a durable power of attorney that becomes effective once it is signed and continues to remain effective after you become incapacitated.
- You can create a durable power of attorney that becomes effective only when you become incapacitated.
Generally, a Durable Power of Attorney cannot be used to make medical decisions. If you wish to have someone make these decisions on your behalf if you become incapacitated, you will need an Advance Health Care Directive, which our legal team can also assist you with.
Reach Out to Our Law Office for the Experienced Legal Guidance You Need
The future is unknown, but that doesn’t mean you cannot make reasonable preparations for important events, even those unwelcome or unlikely to occur. Similar to an insurance policy, a DPA can be of tremendous benefit if upon occurrence of the dreaded “worst case scenario” but sit alone and quiet in your desk drawer if never needed. A Durable Power of Attorney can be especially useful for those who have concerns about incapacitating mental or physical conditions. Whatever your needs and goals may be, we can assist you. The Law Office of David A. Martin & Associates, in Sacramento, has the skill and experience necessary to guide you through this decision, providing you control over your future - even an unwelcome future.
Call our law office today at (916) 299-3936 to set up an initial consultation with a member of our team and learn more about your options and how we can assist you.