Estate planning
Durable Power of Attorney
Choose who manages your finances if you cannot, so your family does not have to ask a court for permission.
Why it matters
Someone still has to pay the bills
If an illness or injury leaves you unable to manage money, someone still has to pay the bills, deal with the bank, file taxes, and handle property. Without a durable power of attorney, your family may have to petition the court for a conservatorship, a public process with ongoing court supervision.
A durable power of attorney lets you choose that person now and define what they may and may not do. “Durable” means it stays in effect if you lose capacity.
At a glance
Covers finances, not medical care
Stays effective if you lose capacity
Ends at death, when your trust and will take over
Notarized at signing
Names at least one backup agent
What your agent can handle
Authority you can grant
01
Banking and bills
Accessing accounts, paying household bills, and managing day-to-day finances.
02
Real estate
Selling, refinancing, leasing, or managing property, including property not yet in your trust.
03
Taxes and benefits
Filing returns and dealing with the IRS, the Franchise Tax Board, Social Security, and other agencies.
04
Finishing your trust funding
Transferring assets into your living trust if you become incapacitated before funding is complete.
Choosing and signing
Choosing your agent and making it valid
Who should be my agent?
Someone honest, organized, and willing to keep records. Many people choose a spouse or an adult child and name a second person as backup. If no one in your life fits, a licensed professional fiduciary can serve.
Effective now, or only on incapacity?
An immediate power takes effect when you sign, and you remain fully in control of your own affairs. A springing power takes effect only after you become incapacitated, which can delay your agent while that is proven. We will recommend one based on your situation.
How is it signed?
California requires the document to be dated, signed, and either notarized or signed by two qualified witnesses. We have every power of attorney notarized: a power used for real estate has to be recorded, which requires notarization, and banks accept a notarized power more readily.
What about medical decisions?
Health care decisions are covered by a separate document, the advance health care directive. A complete plan includes both.