What is a durable power of attorney?

A durable power of attorney is a legal document in California that grants someone else the authority to make decisions on your behalf. This person is referred to as your “attorney-in-fact,” or “agent.” The power of attorney is “durable” because it remains in effect even if the person granting it (the “principal”) becomes incapacitated or disabled. The durable power of attorney is a very important document in probate law, because it allows the principal to plan for the potential of disability or incapacity. By signing a durable power of attorney, the principal grants someone else the authority to act on their behalf on matters such as financial decisions, medical decisions, housing decisions, and other important matters. In California, your durable power of attorney should be prepared in accordance with the California Probate Code. The durable power of attorney can be revoked at any time, as long as the principal is of sound mind. If a principal becomes incapacitated, the durable power of attorney document remains valid, and the attorney-in-fact is able to make decisions in their stead. A durable power of attorney is an important probate law document for anyone living or planning to live in California. It can help protect the rights and interests of the principal, and make it easier for a family to take care of a loved one’s affairs in the event of incapacity or disability.

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