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Legal Services

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    Tel: (562) 901-3050
    Fax: (562) 901-3051
    jsawday@tldlaw.com
  • -Estate Planning
    Our family package includes a Living Trust, Wills, Durable Powers of Attorneys and Advance Health Care Directives drafted according to your wishes. It includes two meetings with an attorney, one real property deed transfer and free notarization. We can also prepare estate planning documents a la carte depending on your immediate needs.
  • -Trust Administration
    We can assist you with trust administration for a loved one's revocable or irrevocable trust upon his or her death. We can also help you transition your estate planning documents if your spouse has passed away. There are many things that should be done and having our guidance on your side can make the process even easier.
  • -Probate
    We can help you with your probate matters and other asset transfers upon the death of your loved one.

« Who Needs a Living Trust? Or Do You Really Need One? | Main | Death and Taxes... »

Choosing Your Attorney in Fact for your Durable Power of Attorney

Leanna Hamill, an attorney in Massachusetts has posted a nice checklist of considerations for selecting your attorney-in-fact or agent under your durable power of attorney. Read it  here .

A durable power of attorney is a document that allows you to select someone else to manage your financial affairs if you are unable to do so. The person you name to make such financial decisions for you is called an attorney-in-fact or agent.

A durable power of attorney can be effective immediately or effective upon your incapacity. 

If it is effective upon your incapacity, it is called a springing durable power of attorney. You can choose how it becomes effective upon your incapacity -- whether a medical doctor needs to sign off or if a court must decide.

If your durable power of attorney does not have the word "durable" in the document title -- that means it is only effective during your capacity. Durable means that the document is effective during your incapacity whether temporary or permanent.

A durable power of attorney was also used to designate a health care agent to make health care decisions for you. If you have a durable power attorney for health care prepared and signed by you before 1992, it has expired and needs to be replaced by an advance health care directive in California.

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Comments

Attorney means compensation for your personal injury. If anybody wants to claim for the injury then he needs to hire a personal injury lawyer who handle these cases and can help a person to get proper compensation.

Hazel Knight

I am wondering if any type of power of attorney in California allows one to receive an insurance claim check after the insured died

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  • The information in this blog is not legal advice, and your use of it does not create an attorney-client relationship. Any liability that might arise from your use or reliance on this blog or any links from this blog is expressly disclaimed. This blog is not legal advice, is not to be acted on as such, may not be current and is subject to change without notice.