San Jose Durable Power of Attorney Lawyer

Making Sure Your Loved Ones Are Taken Care of

Having a durable power of attorney (POA) in place can be one of the most important decisions you make for your family. This document gives someone you trust the legal right to make important financial and medical decisions on your behalf if you become incapacitated. Without one, your loved ones may have to go through the time-consuming and expensive process of petitioning the court for guardianship, or they may have no legal recourse at all. This can be especially worrying if you have an elderly parent who is living on their own, or if you have young children who are too young to make important decisions for the family. A durable power of attorney can give you peace of mind knowing that your family will be taken care of no matter what happens.

To get started on creating your plan, call a seasoned durable power of attorney lawyer in San Jose at Law Offices of Timothy D. Henry. Contact us online or call (408) 643-0942.

What Is a Durable Power of Attorney?

A durable power of attorney is a legal document that gives someone you trust the right to make important decisions on your behalf if you become incapacitated. This document is different than a regular power of attorney, which only gives someone the right to make financial decisions on your behalf.

A durable power of attorney can be used to make important medical and financial decisions, including the ability to make healthcare decisions, make changes to your will, pay bills, and access your bank accounts.

The person you name in your durable power of attorney document as your "agent" or "attorney-in-fact" will be able to make decisions for you, sign legal documents on your behalf, and access your financial accounts. However, this does not mean that your agent will have access to everything you own. You can specify what kinds of decisions your agent can make and what kinds of accounts they can access. You can also name multiple agents in your document, so that if one becomes incapacitated, another can take over.

When Should I Create a Durable Power of Attorney?

A durable power of attorney is always a good idea, but there are a few instances when it is especially critical. If you have a handicap or a chronic disease, you should consider establishing a durable power of attorney so that your agent can access your financial accounts and make essential decisions on your behalf if you are unable to. If you are going to be gone for an extended period of time, having a durable power of attorney in place can enable someone make crucial choices for you while you are gone.

Making a durable power of attorney for your children is one of the most critical things you can do for your family. If you become incapacitated, your agent will be able to make key decisions for your children, such as where they will live, where they will go to school, and how they will access your money if you become disabled. You can even choose someone to look after your pets if you become incapacitated.

To begin creating your durable power of attorney, speak with a qualified durable POA lawyer in San Jose at Law Offices of Timothy D. Henry. Call (408) 643-0942 or complete our form.