Legal Question in Wills and Trusts in California

Re: revocable power of attorney

Generally, yes. The Durable Power of Attorney gives you the authority to make health care decisions for someone if they become incapacitated. The trust accomplishes, among other things, probate avoidance.

Re: revocable power of attorney

You should generally have 4 documents: The revocable trust, a pour-over will, a durable power of attorney and a health care directive. They each serve a different function.

Re: revocable power of attorney

They are meant for two different purposes but overlap. A durable power of attorney deals with a "living will", a pulled the plug document which allows someone to control the amount of medication in individual will receive. The revocable trust distributes all of a person's assets at the time of death through a trust document which both controls distribution as well as tax language.I have practiced law in the San Francisco Bay area for over 30 years and feel quite confident in terms of my familiarity with your problem. If you wish to contact me to set up an appointment please call me at 925-945 -- 6000. In any estate plan I include not only these documents but others for each individual.

Re: revocable power of attorney

These two items have very different purposes. The power of attorney allows someone else to make decisions for you while a trust controls assets, during life and/or after death.

Complete information regarding the difference is located on our website at www.No-Probate.com or feel free to call me more specific questions at (626) 578-0708.