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A Durable Power of Attorney Can Make All the Difference in California

One of the sad truths about estate planning and probate matters in California is that people who have the foresight to write a will and plan for the distribution of their assets after their death do this when they are in full possession of their mental capacities, but then die a great many years later when they have become impaired by sickness or old age.

The elapsed time will often have taken its toll, and the author of the will may have become unable to make the necessary changes to his or her will and administer the estate appropriately.

By preparing a document called a Durable Financial Power of Attorney, a person can give someone else full legal authority to administer the estate on his or her behalf should he or she become incapacitated.

The adjective "financial" distinguishes this power of attorney from a similar document that may be drafted with the purpose of giving someone the right to make health care decisions on behalf of the grantor.

If the durable financial power of attorney is a part of a will, the will's author should avoid keeping the will secret; the power of attorney would defeat its purpose because the appointed person won't even know he or she was given full legal rights to administer the estate when its owner becomes incapacitated.

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