Legal Question in Wills and Trusts in California

Re: Duable power of attorney

My co-counsel is correct. This is a means of allowing someone else to manage another's assets. This can be "springing" meaning it springs into effect upon the occurance of a time or incident (ie incapacity) or it can take immediate effect. It can also have have unlimited or limited duration.

If you have been asked to sign one, then you should not do so unless you completely understand the effects and possible ramifications of signing.

Our office would be happy to review or prepare one of these for you. Please feel free to contact me at 626-578-0708 or online at www.No-Probate.com for further assistance.

Scott Linden

Re: Duable power of attorney

This is a mechanism for giving power to manage assets to another when you are incapacitated or unable manage your financial affairs. Without this it is possible that in the event of incapacity (and if you are married your spouse is also incapacitated) it would be necessary to establish a conservatorship by means of a court proceeding.

SEE http://www.caregiver.org/caregiver/jsp/content_node.jsp?nodeid=434

Re: Duable power of attorney

Its a document where you appoint an agent to work on your behalf. The scope of the appointment depends on the term of the durable power of attorney ("DPOA"). Some DPOA's only work after the principal becomes incompetent (this is the type frequently used in estate planning). Some DPOA's are for specific transactions, like a real estate transaction. Some DPOA's only deal the health issues (also called a health care directive). The key is that the documents gives your agent legal power to do things with your assets.