Del Mar California real estate
An important part of lifetime planning is the Power of Attorney.
by Jeffrey Broobin
An important part of lifetime planning is the Power of Attorney. Valid in all states, these documents give one or more persons the power to act on your behalf. The power may be limited to a particular activity (e.g., closing the sale of your home) or general in its application, empowering one or more persons to act on your behalf in a variety of situations. It may take effective immediately or only upon the occurrence of a future event (e.g., a determination that you are unable to act for yourself). The latter are "springing" Powers of Attorney. It may give temporary or continuous, permanent authority to act on your behalf. A power of attorney may be revoked, but most states require written notice of revocation to the person named to act for you.
The person named in a Power of Attorney to act on your behalf is commonly referred to as your "agent" or "attorney-in-fact." With a valid Power of Attorney, your agent can take any action permitted in the document. Often your agent must present the actual document to invoke the power. For example, if another person is acting on your behalf to sell an automobile, the motor vehicles department generally will require that the Power of Attorney be presented before your agent's authority to sign the title will be honored. Similarly, an agent who signs documents to buy or sell real property on your behalf must present the Power of Attorney to the title company. The same applies to sale of securities or opening and closing bank accounts. However, your agent generally should not need to present the Power of Attorney when signing checks for you.
Why would anyone give such sweeping authority to another person? One answer is convenience. If you are buying or selling assets and do not wish to appear in person to close the transaction, you may take advantage of a Power of Attorney. Another important reason to use Powers of Attorney is to prepare for situations when you may not be able to act on your own behalf due to absence or incapacity. Such a disability may be temporary (e.g., due to travel, accident, or illness) or it may be permanent.
If you do not have a Power of Attorney and become unable to manage your personal or business affairs, it may become necessary for a court to appoint one or more people to act for you. People appointed in this manner are referred to as guardians, conservators, or committees, depending upon your local state law. If a court proceeding, sometimes known as intervention, is needed, than you may not have the ability to choose the person who will act for you. With A Power of Attorney, you choose who will act and define their authority and its limits, if any.
What if I move? Generally, a Power of Attorney that is valid when you sign it will remain valid even if you change your state of residence. Although it should not be necessary to sign a new Power of Attorney merely because you have moved to a new state, it is a good idea to take the opportunity to update your Power of Attorney.
Will my Power of Attorney expire? Some states used to require renewal of Powers of Attorney for continuing validity. Today, most states permit a "durable" Power of Attorney that remains valid once signed until you die or revoke the document. However, you should periodically meet with your lawyer to revisit a Power of Attorney and consider whether your choice of agent still meets your needs and learn whether developments in state law affect your Power of Attorney.
Note that Legalhelpmate.com (http://www.legalhelpmate.com/power-of-attorney.aspx) provides an easy-to-use, quick, and economical online method for creating completed legal documents for any occasions.
Jeffrey Broobin is a free-lance writer on family and finance issues; his main goal is to help people during their complicated period of life.
NOTE: The opinions expressed in this article are the author's own and do not necessarily reflect the opinions of this website or Brokerforyou/Promotions Unlimited.
Disclaimer: The information provided in this article is general information on the legal issues presented and should not be regarded as a substitute for individual legal advice from an attorney.
The above article is presented as a community service with the permission of the author.
Disclaimer
The information presented in this web site is of a very general nature, provided for general informational purposes only. It should therefore not be relied upon to address individual legal concerns, as each client's situation differs. Because each situation is different and the law is constantly changing, you should consult with a Lawyer well versed in this field. The benefits and risks of taking or not taking any legal action can be assessed only after consultation with a Lawyer. By providing the information in this web site, we do not intend to any make any promises or give any assurances about the outcome of your individual situation, and none should be presumed. Prior to retaining a lawyer, one should check with The State Bar. Any information provided or contact received from this web site does not constitute a client/Lawyer relationship.
Disclaimers:
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Editors Note - If you are seeking legal assistance, a real estate agent or broker is not the person to advise you! For qualified legal advice it is best to seek the guidance of a local California attorney. As a service to our readers seeking California legal advice, we have listed below a few legal directories that list California lawyers by the area of legal specialization. Plus, each directory provides numerous legal articles for reference. As laws are always changing and every person's individual circumstance differs, one should seek out the best qualified local legal assistance prior to making decisions that could prove to be very costly. Local city codes, state laws, and Federal laws can be quite complex. Proper, current legal advice, directly from an attorney could be considered prudent insurance for any major decisions. Many California attorneys do not charge for an initial consultation.
Some California legal advice sources are: San Diego attorneys - This legal directory is one of the most visited in the State. Los Angeles lawyers
Orange County attorneys - "Injured people with lawyers receive 3.7 times more than injured people without lawyers" Insurance Research Council National Survey of auto injury claims - Riverside lawyers - San Bernardino attorneys - San Francisco lawyers - Oakland attorneys -
Bay Area lawyers - "The United States is a nation of laws: badly written and randomly enforced." Frank Zappa
San Jose lawyers - Sacramento attorneys - Fresno lawyers - California attorneys - legal advice directory - San Diego lawyers articles
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