What is a durable power of attorney?

A durable power of attorney is a legal document used in California that grants another person the authority to act in place of the person that created it. This document can be either broad or limited in scope, and it can be used to provide legal decision-making authority and/or handle financial matters. The person who creates the power of attorney is referred to as the principal, while the person they authorize to act on their behalf is referred to as the agent or attorney-in-fact. The principal must be legally competent when the power of attorney is crafted, and it is important that the powers granted to the agent not be abused. The durable power of attorney remains in effect even if the principal becomes incapacitated or passes away due to illness or injury. The document must be very specific in defining what powers the agent is given, such as the ability to make decisions about the principal’s medical care, financial accounts, investments, property, and other legal matters. It is a good idea for the principal to discuss the document with someone, such as a lawyer or financial advisor, to ensure that all necessary details are included. Once the power of attorney is created, the principal can revoke the document at any time if desired.

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