Two Important Estate Planning Tools
Trusts and wills are critical, because they provide guidance to your loved ones about how your estate should be handled after you die. However, a strong estate plan should also address the possibility of loss of capacity. This is where powers of attorney and healthcare directives come in.
At the law firm of Patterson, Hanna & Associates, our attorneys are committed to providing comprehensive estate plans that address all possibilities. For more than 25 years, we have been creating estate plans for people in North Orange County and beyond. You can be confident in our ability to create an estate plan that works for you.
Uniform Statutory Powers of Attorney
A Power to Attorney is a document under which you as the "Principal" authorize another person or entity (an "Attorney-in-Fact" or "Agent") to act on your behalf. You sign a Power of Attorney document so that your Agent will be able to handle your affairs during a period of time when you are unavailable or unable to do so. An Agent is not required to be a lawyer.
A Power of Attorney may be either general or specific. A General Power of Attorney gives the Agent broad authority to act for you. A Special Power of Attorney grants the Agent limited authority to act only in specified situations. In addition, a Power of Attorney may be durable. That means it remains in effect even if you become incompetent or incapable of handling your affairs. If you do not want it to remain in effect, then the document can be made "non-durable".
Advanced Healthcare Directives
Advanced health care directives (AHCD) allow you to have legal control over your health care treatment in the event that you are unable to speak for yourself. The AHCD allows you to do either or both of the following two things to prepare yourself in the event you become incapacitated:
- Appoint a health care agent. The AHCD allows you to appoint a health care agent (also known as "Durable Power of Attorney for Health Care" or "attorney-in-fact"), who will have the legal authority to make health care decisions for you if you are no longer able to speak for yourself.
- Prepare instructions for health care. The AHCD allows you to make specific written instructions for your future health care in the event of any situation in which you can no longer speak for yourself.
Our lawyers take great care when creating healthcare directives, so you can have peace of mind.
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To schedule a consultation with our California law firm, call us at 714-888-4834 or send us an e-mail.
