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LEGAL NOTIONS Powers of Attorney Powers of attorney can cover a wide range of powers from finances and property management to personal and family maintenance, or health and medical care decision-making. A power of attorney is a written document in which a person, called "the principal", nominates or appoints another person, called "the agent" (or "attorney-in-fact"), to act on behalf of the principal or in the principal's stead. The power of attorney can include nominations or appointments of "co-agents" (who, under the terms of the power of attorney, can be empowered to act either separately or jointly) and of one or more "successor agents" (who are empowered to act if the authority given to a predecessor agent terminates). A "durable" power of attorney is one which unequivocally shows the intent of the principal that the authority conferred is exercisable notwithstanding the principal's subsequent incapacity. The California Probate Code contains specific requirements bearing on this and the required wording. A "springing" power of attorney is one, which by its terms, becomes effective at a specified future time or on the occurrence of a specified future event or contingency - such as the incapacity of the principal. Hence, one can have a "springing durable" power of attorney. A springing durable power of attorney can be set up to help protect the principal by empowering another to act on the principal's behalf should the principal become incapacitated or unable to make or communicate decisions. A durable power of attorney for health and medical care may be included in (or be the sole feature of) what is now known in California as an "advance health care directive" or "advance directive." The requirements for a valid advance health care directive (or power of attorney for health care) are different from those for a non-medical (non-health care) power of attorney. As people's circumstances vary it is important that one consult with a competent attorney for specific advice for their own circumstances. << back to columns >> The information provided in this column is not intended to be legal advice but merely conveys general information related to the topic. © 2004 2005 Scott J. Preble, A Prof. Law Corp., Antioch, (925) 756-7111. www.PrebleLawFirm.com.
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