Power of Attorney Lawyers
A power of attorney is one of the most important documents in any estate plan. It allows you to designate a trusted person to manage your financial affairs, make healthcare decisions, or both if you become unable to act for yourself. Without one, your family may need to go to court for the authority to help you. Our Board Certified specialist drafts powers of attorney tailored to your specific needs and California law.
After our daughter was born in 1985, we modified our wills to list appropriate guardians for her and updated our trust. Again, Larry made this process easy to accomplish He made sure that should anything happen to us, our daughter and her guardians would have access to her inheritance when she needed it which gave us peace of mind.
In 1999, the Wife’s mother went into hospice without a will or trust. Larry was able to meet with her mom and make sure power of attorney and medical power of attorney was properly established. His kindness during this difficult time meant a lot to our family.
In 2005 with our daughter turning 21, we three met with Larry in his office to go over the wills and trust with her, so she would understand that everything was taken care of and that she had nothing to worry about. Again, this brought us all great peace of mind. Larry reminds us on a regular basis to review and update our wills and trust as needed.
In 2012, as we were thinking about retiring, Larry was able to make a terrific suggestion for a financial advisor who would help us set up our retirement program. Since this was something neither of us had any skill with, his recommendation, knowing our situation, was perfect.
In 2024, when a friend of ours was hospitalized, her daughter needed to be named as power of attorney and medical power of attorney, so we suggested Larry, who visited once she was discharged and was able to establish the appropriate documentation. This brought great peace of mind to our friend and her daughter.
Now, Davis & Davis LLP has been established with Larry’s son, Eric. Our daughter is looking forward to meeting with them so she may create her own will and trust. We know that Eric is going to be as thorough and caring as his father. After 40+ years with this law firm, we cannot be more delighted with their experience and care for their clients.
If you’re looking for reliable guidance on estate planning, asset protection, or preparing important legal documents, I highly recommend them. They truly care about their clients and take the time to explain your options so you feel confident about your decisions.
Highly recommend for anyone needing help with wills, trusts, powers of attorney, or comprehensive estate planning services.
WHY IT MATTERS
What Happens If You Cannot Make Decisions and Have No Power of Attorney?
If an illness, accident, or cognitive decline leaves you unable to manage your own affairs, someone needs legal authority to step in. Without a power of attorney already in place, that authority does not exist. Your spouse, your adult children, and your closest family members have no automatic legal right to manage your finances, access your accounts, or make decisions on your behalf.
Your Family Must Petition for Conservatorship
Without a power of attorney, the only way for someone to gain legal authority over your affairs is through a court-supervised conservatorship. This process requires filing a petition with the Superior Court, attending hearings, and providing ongoing reports to the court. It can take months to establish, costs thousands of dollars in legal fees, and becomes a matter of public record.
Your Bills and Financial Obligations Go Unmanaged
While your family waits for the court to appoint a conservator, your mortgage, insurance premiums, property taxes, and other financial obligations continue. Without someone authorized to access your accounts and pay your bills, late payments, penalties, policy cancellations, and even foreclosure proceedings can begin.
Critical Decisions Are Delayed
Financial and healthcare decisions that need to be made quickly, such as authorizing medical treatment, managing investment accounts during market volatility, or handling an urgent business matter, cannot move forward until the court grants authority. This delay can have serious financial and personal consequences for you and your family.
PLAN WHILE YOU HAVE THE ABILITY TO CHOOSE
Put the Right People in Charge Before a Crisis
A power of attorney can only be created while you have the legal capacity to sign it. Once incapacity occurs, the option is gone. In a free, no-obligation consultation, we will help you understand your options and draft the documents that protect you and your family.
YOUR POWER OF ATTORNEY OPTIONS
Types of Power of Attorney We Prepare
There is no single power of attorney document that covers every situation. California law provides for several types, each serving a different purpose. The right combination depends on your family, your assets, and your specific concerns.
Durable Financial Power of Attorney
Authorizes your chosen agent to manage your financial affairs, including bank accounts, investments, real property transactions, tax filings, and business operations. The word "durable" means it remains in effect even if you become incapacitated, which is precisely when you need it most.
Healthcare Power of Attorney
Designates a trusted person (your healthcare agent) to make medical decisions on your behalf if you are unable to communicate your own wishes. This includes decisions about treatment options, hospital care, medications, and procedures. This document works alongside your advance healthcare directive.
Springing Power of Attorney
A springing power of attorney does not take effect immediately. Instead, it is triggered by a specific event, typically a determination by one or two physicians that you are incapacitated. This option is appropriate for individuals who want to retain full control of their affairs until a defined threshold is met.
Limited (Special) Power of Attorney
Grants your agent authority to handle a specific transaction or category of transactions, such as selling a piece of real estate, managing a particular financial account, or handling a business matter. The authority is limited in scope and duration, and it terminates once the specified task is complete.
HIPAA Authorization
While not technically a power of attorney, a HIPAA authorization is a critical companion document. It gives your designated individuals the legal right to access your medical records and speak with your healthcare providers. Without it, privacy laws may prevent your family from obtaining the information they need to make informed decisions.
Agent Selection and Successor Planning
Choosing the right agent is as important as the document itself. We help you evaluate your options, understand the responsibilities involved, and name successor agents who can step in if your primary agent is unable or unwilling to serve.
COMMON QUESTIONS
Power of Attorney FAQs
What is a power of attorney?
A power of attorney is a legal document that authorizes another person (called your agent or attorney-in-fact) to act on your behalf in financial, legal, or healthcare matters. The scope of authority can be broad or narrow depending on the type of power of attorney you create.
What is the difference between a durable and a non-durable power of attorney?
A durable power of attorney remains in effect if you become incapacitated. A non-durable power of attorney automatically terminates when you lose capacity. For estate planning purposes, a durable power of attorney is almost always recommended because incapacity is the primary situation in which you need someone else to act for you.
Can I have both a financial and a healthcare power of attorney?
Yes, and in most cases you should. These are separate documents that serve different purposes. Your financial power of attorney covers money, property, and business matters. Your healthcare power of attorney covers medical decisions. You can name the same person for both roles or choose different agents based on their strengths and your level of trust.
When does a power of attorney take effect?
It depends on the type. A standard durable power of attorney takes effect immediately upon signing, meaning your agent has authority right away. A springing power of attorney takes effect only when a specified triggering event occurs, typically a physician’s determination of incapacity. We will help you decide which approach is right for your situation.
Does a power of attorney continue after death?
No. A power of attorney terminates automatically upon the death of the person who created it (the principal). After death, authority over your assets passes to the executor or personal representative named in your will, or to the successor trustee of your trust. A power of attorney is strictly a lifetime document.
What if I need a power of attorney created urgently?
Davis & Davis LLP has extensive experience in emergency and urgent estate planning. If you or a family member is facing a medical crisis and needs a power of attorney established quickly, contact us immediately. We can act fast, including meeting in hospitals or homes, to ensure the necessary documents are in place while the principal still has capacity.
Serving Families Across the San Fernando Valley and Los Angeles
Davis & Davis LLP is based in Porter Ranch, California, and prepares powers of attorney for individuals and families throughout the San Fernando Valley, greater Los Angeles, and the state of California.