Estate
durable power of attorney
A durable power of attorney names someone to handle your money and legal matters, and it stays valid if you become unable to make decisions yourself.
A durable power of attorney is a signed document that names a person, your agent, to manage your money and legal affairs. "Durable" means the power continues if you become incapacitated. Under California Probate Code section 4124, the document must say so, for example that it is not affected by your later incapacity.
What your agent may do. Depending on the terms, your agent can pay bills, manage accounts, file taxes and handle property. You can limit the powers or choose that they start only on incapacity.
A round example. For example, a parent has a stroke and cannot sign checks. Without a durable power of attorney, the family may need a court conservatorship. With one, the named agent can step in at once. This is an illustration, not advice.
Why it matters to your plan. Choose an agent you trust, and name a backup. Pair it with a trust and a health care directive. The agent also helps keep your giving plan on track. An attorney should draft it. See our California estate planning checklist.
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