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Prepare A Durable Power Of Attorney Before You Become Incapacitated With The Help Of A Last Will And Testament Attorney

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Prepare A Durable Power Of Attorney Before You Become Incapacitated With The Help Of A Last Will And Testament Attorney

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"A Last Will and Testament Attorney notes that as you will see, the durable power of attorney has numerous types of transactions which the agent can do. Thus, make certain that you get the durable power of attorney prepared and completed when you have the mental capacity and are young."

2nd Dec 2015 – Most people wait until it is too late. A Last Will and Testament Attorney shares that multiple times people come into his office with something like the following: “My wife has been put in the hospital for mental problems and now I want a durable power of attorney so I can pay the bills”, or “my husband has been in a coma or some kind of problem where he can’t communicate for a week. I need a Last Will and Testament Attorney to be able to prepare a durable power of attorney.”

The problem, explains a Last Will and Testament Attorney, is that the very person you are trying to help with the durable power of attorney is the person who must sign the durable power of attorney. One big issue is that one must have the mental capacity to understand what it is that they are signing and the effects of that document. Obviously, A Last Will and Testament Attorney states that if one is in a coma or in a condition where they are not conscious, they obviously cannot sign. On the other hand, if they are conscious, but cannot understand what they are signing because of some mental condition such as dementia or some other similar type condition, then it is likely the durable power of attorney can be challenged or attacked in court.

Thus, a Last Will and Testament Attorney explains that the key to preparing a durable power of attorney is to do it while you are healthy, coherent, and know exactly what you are signing. You do not want to wait until it is too late. There is really one purpose for the durable power of attorney states a Last Will and Testament Attorney. It is to give somebody (an agent) the power and authority to make your financial decisions when you are incapacitated. That is what it comes down to under the law. To pay the mortgage, the bills and many other types of financial matters. On issue that A Last Will and Testament Attorney states also happens many times is people will ask if the durable power of attorney allows the individual or agent to also make medical decisions on behalf of the principal (the person making the durable power of attorney.) The answer is a resounding ‘no’. Another type of document would be needed for that purpose. The durable power of attorney is for financial decision making. It may not seem that it is critically important to take care of before you become incapacitated, but imagine how many financial decisions you do in a particular week. Additionally, without the durable power of attorney, the banks and financial institutions will not speak with you and will not divulge any information and will not allow you to help the very person who was to have made the durable power of attorney.

Listen to a Last Will and Testament Attorney explain about the Durable Power of Attorney

What kind of decisions does the durable power of attorney allow you to make? Well, states a Last Will and Testament Attorney, it can be a general durable power of attorney or a specific durable power of attorney. This means if it is general, it basically allows the agent to perform all the financial conditions needed. However, states a Last Will and Testament Attorney, if it is a specific durable power of attorney, then it is for a very specific purpose. Thus, theoretically, you could have a general durable power of attorney with conditions and a durable power of attorney for specific needs with two separate people. These are the typical types of transactions: Real Property Transactions, Tangible Personal Property Transactions, Stock and Bond Transactions, Commodity and Options Transactions, Banking and other financial institutions transactions, Business operating transactions, Insurance and annuity transactions, Estate, trust and other beneficiary transactions, Claims and litigation, Personal and Family Maintenance, Benefits from Social Security, Medicare, Medicaid, or other governmental programs, or civil or military service, Retirement plan transactions and Tax matters.

A Last Will and Testament Attorney notes that as you will see, the durable power of attorney has numerous types of transactions which the agent can do. Thus, make certain that you get the durable power of attorney prepared and completed when you have the mental capacity and are young.

About the Company:

Law Offices of Brian D. Lerner, APC have years of experience in protecting the families by helping them to prepare living trusts, last will and testaments, durable power of attorney, health care directives & other matters related to estate planning in California. Located in Long Beach, their firm can prepare complete estate planning package for married couples, single people and divorced spouses.

Contact Information:

Law Offices of Brian D. Lerner, APC

3233 E. Broadway

Long Beach

California, USA

90803

Email: blerner@estateplanningattorneylawyer.com

Website: http://estateplanningattorneylawyer.com/

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Prepare A Durable Power Of Attorney Before You Become Incapacitated With The Help Of A Last Will And Testament Attorney

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