Choosing Your Power Of Attorney Representative

A power of attorney document is a powerful legal statement that can spell out your wishes for how you are to be cared for if you become incapacitated and cannot speak for yourself. It is possible to adapt a power of attorney document to cover your financial and legal affairs. It can also be drafted to work with your medical documents, such as the advance health care directive.

One of the most important decisions you'll make is determining who you will name as your attorney in fact, also known as your agent or proxy. This person will have legal authority to ensure your wishes are carried out.

The Dayton Law Firm, P.C., can explain fully what a power of attorney agent can do on your behalf and create estate planning documents that support your needs, now and in the future.

Who Should I Choose For My Power Of Attorney Agent?

Your attorney in fact must be able to make decisions for you in a manner that aligns with your power of attorney document. At a minimum, the person you select should:

  • Be trustworthy and of good character
  • Possess good attention to detail, especially accounting and legal details
  • Be loyal to you and dedicated to doing what is best for you

Your agent will have access to your checkbook, assets and property at a time when you cannot intervene for yourself. Think carefully about whom you can trust with this responsibility. If there is no one in your life you would trust with this responsibility, or conversely no one you would want to burden with it, we can connect you with professionals who work with individuals and families to act in this role.

What Can A Power Of Attorney Agent Do On My Behalf?

Your agent is limited in his or her capacity to act for you by how your power of attorney document is drafted. Several types of powers of attorney exist, including:

  • Limited: This can allow an agent to accomplish as little as a single task on your behalf.
  • General: This can allow an agent to assist you with legal and health matters before you become incapacitated.
  • Durable: This will remain in effect from the time you draft it, including after you are incapacitated.
  • Springing: This becomes valid only after you become incapacitated.

The lawyers of our firm can help you draft power of attorney documents that cover all of your potential needs.

Plan Today, Relax Tomorrow

Contact our office for an appointment to establish or update your estate plan. Discover how good it feels to have your legacy and future intentions documented. Call us at 408-758-5750 or email us using our intake form.

Our firm is located in San Jose and serves the entire Bay Area. We also serve clients throughout California.