Best Riverside Power Of Attorney Lawyers - JS Abrams Law
Welcome to JS Abrams Law, a premier law firm serving as a Riverside Power of Attorney Lawyer. California permits seniors and anyone in ill health to use a power of attorney to help with their financial, personal, and medical affairs. A power of attorney is a legal document that lets you choose a person to act on your behalf. A power of attorney is either used if you already have physical problems or in anticipation that you might develop physical or mental difficulties. There are standard powers of attorney documents that transfer power when you sign the document. There are also durable powers of attorney documents that transfer power when you become incapacitated.
At JS Abrams Law, our Riverside elder care lawyers advise Riverside residents when they should consider using a power of attorney, what powers they should give away, and what other legal documents they should use (such as trusts) to provide the financial, personal, and medical security they need.
What are the common types of powers of attorney Riverside residents should consider?
- A financial power of attorney authorizes the person you choose to make deposits for you, pay your bills, and other financial decisions. You can even give someone the power to sell your home. You don’t have to be ill to consider a power of attorney. For example, if you are moving to a different state, you may give someone a power of attorney to represent you at the settlement when your home is sold.
- A personal power of attorney authorizes someone you trust to take care of your daily needs such as shopping, cooking, cleaning your home, and other living tasks. Personal powers of attorney are normally used if you have an injury or an illness.
- A medical power of attorney appoints a relative or friend to obtain medical information (along with a HIPAA form that authorizes the same person to obtain the medical information) from your doctors. A medical power of attorney enables the person you designate to make medical decisions for you if you are not capable of making medical decisions for yourself. Medical decisions include the types of treatment you need and the medications you take.
Our experienced Riverside power of attorneys explain what California laws such as the California Probate Code authorize the different types of powers of attorney. We help you choose the correct forms for your needs. We also make sure the power of attorney documents are signed, dated, and properly witnessed or notarized. We explain who can and can’t serve as your power of attorney.
What is a durable power of attorney?
The California Probate Code specifically authorizes a “durable power of attorney” which is used to appoint a representative for you – if you become physically or mentally incapable of acting on your own – at a future date. The durable power of attorney form must include one of the following statements:
- “This power of attorney shall not be affected by subsequent incapacity of the principal.”
- “This power of attorney shall become effective upon the incapacity of the principal.”
- Similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal’s subsequent incapacity.”
What’s the difference between a regular power of attorney and a durable power of attorney?
A standard power of attorney is used if you are physically ill now. A regular power of attorney can’t be used if someone is mentally ill now – because they need to be mentally competent when they sign the power of attorney.
A durable power of attorney is used to give the person you choose their financial, personal, or medial power – if you become physically or mentally incapacitated at a later date – such as if you develop dementia.
What are medical powers of attorneys and advanced healthcare directives?
Healthcare powers of attorney enable a person you choose to make medical decisions for you while you’re alive.
Health care directives are used so that hospitals and health providers know what life-threatening and end-of-life treatments you should (or shouldn’t) have.
When do power of attorney documents begin and end?
A standard power of attorney is effective as soon as you sign it. A durable power of attorney isn’t effective until you become incapacitated.
A standard power of attorney ends if you become incapacitated. [I think?] or if you revoke the power while you are mentally competent.
Standard and durable powers of attorney end:
- When you die
- If your spouse is the power of attorney and you divorce her
- If the person you choose to be your attorney-in-fact becomes disabled or dies
Additional power of attorney factors in Riverside
There a few practical considerations your Riverside power of attorney will explain such as:
- The person who serves as your power of attorney is entitled to a fee for their services.
- The powers can be broad (virtually everything that applies to the specific type of power – financial, personal, or medical) or limited
- Other options may be better such as creating a trust to manage your financial affairs if you become ill
The Mayo Clinic suggests that when you’re choosing someone to be your medical power of attorney, that the person should:
- Not be your doctor or another healthcare provider
- Qualify as a medical agent
- Be your advocate
- Should be willing to make the tough medical decisions for your including end-of-life decisions
What are Physician Order for Life-Sustaining Treatment (POLST) forms?
In California, hospitals and health providers must honor your end-of-life decisions if you have a signed POLST or a Do Not Resuscitate (DNR) form. The POLST form can be used by itself or with the DNR Form. The POLST form lets ER personnel understand whether they should use cardiopulmonary resuscitation (CPR) on your behalf.
Nursing homes and hospitals may ask you to sign a POLST form before they provide services. A doctor or qualified nurse practitioner/physician’s assistant must sign the form along with you or your medical power of attorney. POLTS forms do allow for life-sustaining measures.
Other end-of-life forms your Riverside power of attorney lawyer may consider are healthcare directives and living wills.
At JS Abrams Law, our Riverside California power of attorney lawyers help seniors and anyone in poor health understand which legal documents are useful in providing the help and decisions they need. We prepare the correct forms for your financial, personal, and healthcare needs. To discuss all your legal healthcare needs, call us at 818-330-4515 or fill out our contact form to schedule an appointment.