Brian D. Lerner – The Durable Power Of Attorney In California

1. Brian D. Lerner – The Durable Power Of Attorney In California Durable power of attorney in California for financial management is an essential part of any client’s plan for incapacity. Even clients whose estate plans are centered on a revocable trust need durable powers of attorney in California because trustees only have the power to administer trust assets. For example, trustees cannot transfer nontrust assets to the trust, negotiate with the Social Security Administration, or represent an injured or incapacitated client in a personal injury suit. Thus, estate planning attorneys should always discuss creating a durable power of attorney in California for financial management. Durable power of attorney in California are extremely powerful documents. Their scope is limited only by public policy, common and statutory law, the principal’s directions, sound judgment, and the attorney’s imagination. The durable power of attorney in California should therefore be individualized to suit your specific needs and desires. The durable power of attorney in California must take into consideration the circumstances in order to help that person and to determine whether he or she may safely and properly grant the desired authority to a trusted agent. There are many advantages that a well-drafted durable power of attorney in California. However, a durable power of attorney in California that is not carefully planned can be ineffective as well as potentially counterproductive in achieving the principal’s goals and objectives. You should note that with durable power of attorney in California that there are durable and nondurable powers and that there are general and limited powers, and between immediately effective and springing powers. The durable power of attorney in California has statutory powers of attorney, printed-form powers of attorney, and attorney- drafted powers of attorney