San Jose Powers of Attorney Lawyers

No matter your age, it is important to be prepared for any possible scenario. Although many people believe that they are safe from tragedy, accidents and injuries happen every day. It is quite possible to go from being perfectly healthy and happy to incapacitated and unable to handle your own affairs. Although this is a frightening reality, there are steps you can take to minimize the damage if this kind of situation does occur.

Estate planning law is a large facet of the legal system. Although most people think of wills and trusts when they think of their estate plans, there are many other factors and decisions that go into an estate plan. Power of attorney, for example, is a key decision to make while you are working with an estate planning attorney.

There are lots of misconceptions about powers of attorney and what they can do. Some people avoid naming a power of attorney for fear that they may fall victim to abuse or exploitation or lose the ability to make decisions for themselves, but this rarely occurs. It is important to learn the facts about estate planning so that you can make empowered decisions about your future. Our law firm is here to help you with all your estate planning and power of attorney needs.

Huber Fox, P.C.: Your San Jose, California Power of Attorney Lawyers

If you believe that you are ready to name a power of attorney to protect yourself in the event of an accident or advancing disease, our firm is here to help. We have over a decade of experience in California estate planning law, and we understand the advantages and disadvantages of different estate planning methods. We are here to help you develop an estate plan that protects your assets, family, and future.

Powers of attorney fill a unique role in every individual scenario. This is because you can tailor your power of attorney agreement to fit your exact situation and needs. For many people, understanding the limitations that they can write into their agreements puts them at ease about their power of attorney. Our firm is here to ensure that you understand all the terms of your contract and how you can change it to fit your San Jose, CA needs.

Power of Attorney Basics

A power of attorney is a contract that gives someone permission to legally act on another person’s behalf. The agreement may be general, or it can apply to one specific situation, such as a property sale or healthcare decisions. In these agreements, the person giving the power of attorney is called the “principal,” while the individual receiving power of attorney over someone else is called the “agent.”

There are three distinct types of power of attorney agreements.

General Power of Attorney

In a general power of attorney, the agent can handle a wide range of legal and financial situations on behalf of their principal. These agreements are often beneficial if the principal becomes incoherent or generally incapacitated and cannot handle their own affairs.

Healthcare Power of Attorney

A healthcare power of attorney gives the agent the right to make healthcare-related decisions on behalf of the principal. This is often beneficial if the principal is medically incapacitated or undergoing a serious surgery or procedure.

Limited Power of Attorney

A limited power of attorney gives an agent the right to act on the principal’s behalf in a very specific situation that has been outlined in the document. For example, perhaps you are selling your condominium but will be on a work trip when the sale is finalized. You can give a limited power of attorney to a friend to act on your behalf only during this single instance. This agreement would not give your friend the right to make real estate transactions on your behalf in any other scenario.

Family Law FAQs

Q: Do You Need a Lawyer to Get a Power of Attorney in California?

A: A lawyer is not required to get a power of attorney, but it is best to hire one. Powers of attorney are serious documents that can affect your entire life. If you make a mistake, your power of attorney could end up with too much power, or their influence may be void if the agreement is not legal. Having an attorney on your side ensures that the agreement is binding and includes only what you want it to.

Q: What Are the Three Types of Power of Attorney?

A: The three types of powers of attorney are general, healthcare, and limited. A general power of attorney agent has the right to act on the principal’s behalf in many different scenarios. A healthcare power of attorney gives the agent the right to make decisions related to health care on behalf of the principal. Finally, a limited power of attorney allows the agent to act only in a single instance and does not give the agent lasting power.

Q: How Do I Get a Special Power of Attorney in California?

A: You can get the forms for a power of attorney agreement online. There are very specific forms for different instances, so it is important to be sure that you are filling out the correct one. If you are unsure of where to go, how to submit, or which form you need, it is best to work with an attorney to make sure that the job is done correctly.

Q: What Are the Two Activations for a Power of Attorney?

A: A power of attorney agreement can either be durable or springing. Durable powers of attorney go into effect when the principal signs the document and last until the document is destroyed. A springing power of attorney does not go into effect at signing, but only activates when a certain situation arises.

Contact Huber Fox, P.C.

If you believe that a power of attorney would be beneficial as part of your estate plan or lifestyle, you can trust our team at Huber Fox, P.C., to help you. Contact Huber Fox, P.C., online today for more information.