While you can download and fill out forms to create a Durable Power of Attorney, you’ll be much better served by hiring a lawyer to do it for you. R. Dustin McFarlane will take your situation into account and draft a Durable Power of Attorney that meets your needs. This includes counseling you on selecting an agent and choosing the agent’s powers. Some people choose to give agents the power to make changes to trusts and gift money from the estate, while others provide more limited powers. By using a trust lawyer, you don’t have to worry about making mistakes regarding your Durable Power of Attorney.
It is never too early to create a Durable Power of Attorney as part of your estate plan. If you wait until you are incapacitated, you cannot legally enter into such an agreement. Because a Durable Power of Attorney won’t go into effect until you’re incapacitated, you can create it today while you’re healthy without it impacting your decision-making process. It will then be ready to kick in if you are to become incapacitated and can’t make decisions for yourself.
If you are of sound mind, you can legally revoke a Durable Power of Attorney in California. The state requires that you create an official statement of revocation to invalidate the Durable Power of Attorney. After you create the document, you must distribute it to all people involved with the original power of attorney. However, if your spouse was the agent and you dissolve your marriage, you do not need to revoke it. The court will automatically terminate the agreement, and you will need to select a new agent.