Practice areas:

Powers of Attorney

A Health Care Directive is a document in which you appoint an Agent who is authorized to make medical decisions for you, and represent your wishes regarding long-term care, your intent to remain or return home after a facility/hospital stay, makes medical decisions if you are incapacitated, unconscious, or medicated, including end-of-life decisions, and organ donation.

A HIPAA Release Authority is a document giving your Medical Agent the express permission to obtain your medical records (so that they can make an intelligent and informed decision about authorizing medical treatment for you), and releases the holder of such records from liability under the federal medical records privacy laws (the HIPAA Act).

 

A Durable Power of Attorney for Financial Management is a document in which you appoint another person as your Agent to legally represent you and sign/act instead of you, if you are incapacitated, or unable to be physically present at a location where a transaction requiring your signature takes place.

Your Uniform Statutory Durable Power of Attorney for Financial Management

Your Uniform Statutory Form Power of Attorney allows your named Agent to make financial decisions about matters that the Trust does not control in the event you become incapacitated. Examples of such matters include retirement plans, Social Security benefits, Medicare/MediCal, dealings with the IRS (such as signing of your tax returns), your accounts which are not titled in your Trust, performance on your individual contracts, 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 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 Financial Power of Attorney “endures” your incapacity, this document dies with you: it is no longer effective after your death.

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