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California Durable Powers of Attorney

Definition

Durable Powers of Attorney are legal documents authorizing a qualified person of your choosing to make health and financial decisions for you, or take action on your behalf, in the event that you become incapacitated or declared incompetent.

Main Purpose

- Avoids Conservatorship – court appointed guardian.

- Provides flexibility to the named spouse if incapacitation occurs.

- Designates a successor should both spouses become unable to act.

Living Will

Also called a "Advance Health Care Directive." This document is used to instruct health care providers of the principal’s wishes concerning medical treatment, life saving and life sustaining procedures. A Living Will provides an individual an advance opportunity to direct how certain medical and life saving issues are to be handled. Living Wills are frequently used to avoid artificially prolonged life in accordance with the desires expressed by the maker of the Living Will.

Reasons to have California Durable Powers of Attorney

- A person of your own choosing will handle your health and financial affairs if necessary. This is usually your spouse or one of your children, but it can be any qualified person.

- It enables you to keep your affairs in the family and out of public records of the courts.

- It avoids costs of guardianship (attorney fees, court costs, bonds).

If you would like to arrange a discussion regarding these matters in more detail, please feel free to contact our office to discuss your objectives.

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©2002 Matthew C. Mullhofer