Durable Power of Attorney in Tracy, CA
About Bakerink, McCusker & Belden
Bakerink, McCusker & Belden is a premier law firm in Tracy, CA, specializing in estate planning law. Our experienced attorneys are dedicated to helping clients protect their assets and ensure their wishes are carried out according to their plans. At Bakerink, McCusker & Belden, we understand that planning for the future can be daunting, but we are here to help guide you through the durable power of attorney process.
What Is a Durable Power of Attorney?
A durable power of attorney is a legal document that designates a person to act on your behalf if you are unable to make decisions for yourself. This person, known as the agent or attorney-in-fact, has the authority to make decisions regarding your finances, property, and other matters as outlined in the document. A durable power of attorney differs from a regular power of attorney in that it remains in effect even if you become incapacitated.
Why Is a Durable Power of Attorney Important?
A durable power of attorney is an essential part of any estate plan because it allows you to choose who will make decisions on your behalf if you become unable to do so. Without a durable power of attorney, your loved ones may have to go through a costly and time-consuming court process to establish a guardianship or conservatorship in order to make decisions on your behalf. Additionally, a durable power of attorney ensures that your wishes are carried out according to your plans and can help prevent disputes among family members.
Different Types of Durable Power of Attorney
There are two main types of durable power of attorney: medical and general. While both types allow you to designate someone to act on your behalf, they serve different purposes:
- Medical Durable Power of Attorney – This document designates someone to make medical decisions on your behalf if you become incapacitated or unable to communicate your wishes. This includes decisions about medical treatment, end-of-life care, and other healthcare-related matters.
- General Durable Power of Attorney – This document designates someone to make financial decisions on your behalf if you become incapacitated or unable to manage your affairs. This includes decisions about paying bills, managing investments, and selling property.
The Process for Obtaining a Durable Power of Attorney
The process for obtaining a durable power of attorney with Bakerink, McCusker & Belden includes the following steps:
- Consultation – Our attorneys will meet with you to discuss your needs and goals.
- Drafting – We will prepare a customized durable power of attorney document tailored to your needs.
- Signing – You will sign the document in the presence of a notary public.
- Safekeeping – We will keep a copy of the document on file at our office to ensure it is readily available.
Executing a Valid Durable Power of Attorney
It is important to note that a durable power of attorney can only be created when the person signing the document is of sound mind and not under duress. If there are concerns about capacity, obtaining a medical opinion or seeking legal advice may be necessary. To execute a valid durable power of attorney in California, the following requirements must be met:
- Capacity – The person signing the document must be of sound mind and understand the nature and consequences of their decisions.
- Intent – The person signing the document must intend to create a durable power of attorney.
- Formalities – The document must be signed in the presence of a notary public and two witnesses who are not related to the person signing the document or named in the document as an agent.
Medical and General Durable Power of Attorney
While both medical and general durable power of attorney documents allow you to designate someone to act on your behalf, they serve different purposes. A medical durable power of attorney is used to make healthcare-related decisions on your behalf if you become incapacitated or unable to communicate your wishes. A general durable power of attorney is used to make financial decisions on your behalf if you become incapacitated or unable to manage your affairs.
Contact Our Estate Planning Attorneys Today
At Bakerink, McCusker & Belden, our experienced attorneys are dedicated to helping clients create comprehensive estate plans that protect their assets and ensure that their wishes are carried out according to their plans. If you want to create a durable power of attorney or have questions about estate planning, contact us today to schedule a consultation. Our team is here to help guide you through the process and ensure your future is secure.