Discuss Your Estate Plan with Our Los Angeles Power of Attorney Lawyer
Your Power of Attorney for Property Management enables you to name another individual to serve as your Agent (or, "Power of Attorney") to make financial decisions about matters that the trust does not control in the event you become incapacitated. The Agent steps in your shoes and can sign in your stead legal documents or contracts concerning your property.
Examples of such financial transactions that the Agent can enter into on your behalf include:
- Retirement plans
- Social Security benefits
- The IRS
- Performance on your individual contracts
- The DMV
- Safe deposit boxes
- Claims and litigation
- Your LLC or Corporation
- And any other matter not controlled by the Trust
You may designate that this document becomes effective immediately as to your chosen Agent, or you may designate that this document becomes effective only upon your incapacity. A person is considered “incapacitated” if that person is under a legal disability or is otherwise unable to give prompt and intelligent consideration to financial and administrative matters or make sound decisions about financial affairs.
A determination of incapacity is generally made by either:
- (1) Two licensed physicians who certify in writing that such person is under a disability
- (2) By an order of a court
It is important to remember that your Power of Attorney “dies” with you – it can only be used during your life and cannot be used after you pass away. This is why it is so important to consider owning your property in Trust, so that your named successor Trustee can gain access to your assets after you die, thus replacing your "Power of Attorney."
What Is An Advance Health Care Directive?
While a Power of Attorney is a document used for property management, an Advance Health Care Directive is a document used for your medical care if you are incapacitated. An Advance Health Care Directive is a document in which you appoint another individual as your Health Care Agent, whom you authorize to make medical decisions for you and communicate with your doctors, health care providers, as well as carry out your wishes if you are unable to do this yourself, related to:
- Singing Waivers, Releases, Consents to Treatment or Refusal to permit treatment
- Admitting you to a hospital or a care facility
- Selecting your doctor/ hospital/ caregiver
- Reviewing your medical information and records
- Termination of life support
- Organ donation
- Burial or cremation
In this document you will consent to your Agent gaining access to your medical information, and you will authorize your health care providers to give your medical records to your Agent, while releasing them from liability under State and Federal law from doing so (known as a HIPAA Release). State laws that protect your medical records will also be addressed in this document.
Protect Your Future & Assets
With over two decades of legal experience, Attorney Maria N. Jonsson, Esq. understands the many intricacies of Estate Planning. Our firm is prepared to help you navigate the process, providing personalized legal counsel.
If you would like to discuss your estate plan, including setting up an Advance Health Care Directive and a Power of Attorney for Property Management, contact the Law Offices of Maria N. Jonsson, PC today.