Empowering Southern California Clients to Designate Trusted Decision-Makers

Everyone wishes to control their own destiny. One of the appeals of American life is being able to make your own way and decide your own fate. As we grow and age, many of us come to realize that the day may come when we aren’t able to make our own wishes known. Be it due to an accident, aging, illness, disease, or some other physical ailment, many people will reach a point in their lives at which they are unable to make vital decisions regarding their own future. This is where power of attorney comes into play.

While some people may be familiar with the phrase from hospital or legal dramas, many are not aware of the full scope of power of attorney or the specific ways it can be used. The truth is that most people can benefit from discussing power of attorney with an experienced and compassionate attorney. This is why you should contact our dedicated Bakersfield power of attorney lawyer today.

What is a Power of Attorney?

Power of attorney (POA) is a special legal privilege granted to a trusted individual that will permit them to act on your behalf. This person is referred to as an agent. While someone may grant “general” power of attorney to their agent, many people choose to only assign it in specific instances, and to only grant their POA with limited powers.

Examples of different types of POA include, but are not necessarily limited to:

• General POA
• Financial POA
• Medical POA
• Durable POA
• Springing POA

While assigning a general POA may be right for some individuals, there may be specific circumstances under which you wish for your agent to only have limited powers. An experienced POA lawyer can review your specific needs and wants and help you determine which type of POA is right to assign.

Who Can I Grant Power of Attorney?

California law generally allows individuals a large amount of freedom in choosing their agent. In most instances, you can grant a POA to anyone over the age of eighteen, as long as they are of sound legal mind. However, there are some restrictions. For example, you cannot designate your doctor, nurse, or other health care provider with power of attorney. This is to prevent a conflict of interest and similarly prevents your provider(s) from potentially taking your health care decisions into their own hands. A trusted POA can work with your doctor to ensure your wishes are followed. This provides a degree of oversight regarding your health and finances.

What Are the Limits of Power of Attorney?

You and your Bakersfield power of attorney lawyer will work together to draft a POA plan that determines the extent of your agent’s power. It will be up to you what decisions they can make, when, under what circumstances, and when that power ends. In some instances, the limits of an agent’s power are written into the law. For example, POA only becomes effective in the event you are incapacitated. Examples of incapacitation may include being placed in a medical coma following a car wreck, surviving a stroke, or suffering some cognitive decline. In the event you recover, POA ceases. This means your agent cannot continue making decisions on your behalf after you are better. Depending on certain circumstances, there may also be certain financial limitations on your agent, such as the amount of money they can withdraw from a bank. Additionally, agents cannot alter your will.

What is a Financial Power of Attorney?

Financial power of attorney grants your agent the ability to handle your finances while you are incapacitated. This includes paying bills, dealing with your mortgage, and managing other general financial responsibilities. Someone with financial power of attorney can also supervise your stock portfolio and handle other responsibilities. An agent designated with financial POA may not be able to make other decisions regarding your well-being, such as decisions related to medical care.

What is Medical Power of Attorney?

Similar to a financial power of attorney, a medical POA designates an agent to handle concerns specifically related to your health care and well-being. An agent with medical POA will follow an Advance Health Care Directive. An Advance Health Care Directive is a legal document outlining your wishes for your health care treatment in the event you are incapacitated.

For example, a directive may contain instructions regarding what to do in the event you become comatose, and whether you wish for life-saving measures to be taken under certain circumstances. A medical POA is complex because it includes multiple components, including naming someone with POA, a HIPAA authorization granting them access to your medical records and giving your doctor permission to discuss them, and your list of instructions.

What is a Durable Power of Attorney?

Durable power of attorney is a broader type of POA that grants your agent the ability to act across a variety of legal, medical, and financial avenues. This power endures until you say it stops, such as if you make a full recovery, pass away, or some other key event occurs. Durable power of attorney allows you to account for a variety of potential scenarios, and also ensures your agent will be able to act accordingly. A durable power of attorney is a way to ensure all potential concerns may be addressed by a sole individual whom you trust to handle your affairs during a difficult time.

What is Springing Power of Attorney?

Springing power of attorney is a unique type of POA that only takes effect under specific circumstances, and after a health care provider has signed off on the appropriate documentation. For example, you may wish for someone to make medical decisions on your behalf, but only if you enter a persistent vegetative state. If you are otherwise incapacitated but doctors believe your condition may be temporary, you may wish to hold off on assigning a POA. A springing POA would only take effect if you both entered a vegetative state and a doctor signed off on an authorization stating so, allowing the POA to take effect. Springing POA is a good choice for you if you only wish to assign POA under very specific circumstances.

What Should I Do if I Want to Grant Someone Power of Attorney?

An old saying goes, “hope for the best, plan for the worst.” This is precisely what granting power of attorney allows you to accomplish. No one assigns a POA hoping it will be used. Rather, assigning POA is a way to guarantee your own peace of mind and rest assured that a trusted person will have your best interests in mind if the worst should happen. Assigning a POA can be challenging, and not every type of POA may be right for you. This is why if you or a loved one wishes to appoint someone as your agent, contact the Law Offices of Robert H. Brumfield, P.C.

Robert Brumfield and his compassionate legal staff understand how intimidating it may be to consider assigning someone a POA. He works closely with each of his clients to give them the utmost peace of mind, ensuring they and their loved ones are in the best hands. Anyone can become incapacitated at any time, and anyone can benefit from having a POA in place. Don’t hesitate. Call 661-384-6940 today to schedule your free consultation.