Power of Attorney
This is perhaps the most important of the four main estate planning devices. If you pass on without a will or trust, there are provisions in California law directing how your property is passed. However, if you are incapacitated, there are no laws that allow a person to act as you to help you further or maintain your financial affairs. Like with your AHCD, you will need to appoint an individual to act as your agent in the event you become incapacitated. Then and ONLY THEN can your agent act as you (when you cannot) to make various decisions, enter agreements and direct investments and money. You may want this agent to be different from your health care agent, and we can discuss this with you and help you prepare the necessary durable power of attorney so that you have an agent who is be able to act on your behalf.
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