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Powers of Attorney

A Power of Attorney allows your named Agent to make decisions and sign contracts in the event you become incapacitated. Examples of such matters include: real estate transactions, lease and rental agreements banking, retirement plans, Social Security benefits, Medicare/MediCal, tax matters, business entity management, etc.

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 by reason of illness or mental or physical disability on account of which he or she is 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 legal disability, or (2) by an order of a court appointing a conservator for that person.

Although your Power of Attorney “endures” your incapacity (i.e., it is a Durable Power of Attorney), this document dies with you: it is no longer effective after your death.

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