Divorce Attorneys

Power of Attorney Carlsbad

A power of attorney is a document used for appointing a person or organization to manage your affairs if you become unable to do so. There are different types of powers of attorney that offer varying levels of control.

General Power of Attorney

This gives wide-ranging powers to a person or organization to take actions on your behalf, such as financial and business transactions, purchasing life insurance, settling claims, operating business interests, making gifts and hiring professional help.

If you plan to be out of the country and need someone to handle specific matters, a general power of attorney puts those measures in place. A general power of attorney frequently is part of an estate plan to ensure there is someone lined up who can carry out financial matters.

A general power of attorney ends when a person becomes mentally incapable to handle his/her own affairs as a result of sickness or injury.

Non-durable Power of Attorney

If you need a specific task completed and you’re unable to do it yourself, a non-durable power of attorney enables you to designate someone to act on your behalf. For example, establishing a non-durable power of attorney authorizes someone to sign or execute dealings or documents on your behalf.

Durable Power of Attorney

This is similar to a general power of attorney, which a key exception: A durable power of attorney does not end when you become incapacitated. To get this type of power of attorney, you are required to show in the document that you intend for the powers to continue despite incapacity.

Limited Power of Attorney

If you have business to conduct but you lack the expertise or capacity to do so, a limited power of attorney enables you to designate someone to act as a sort of “second in command” to you. It can give your second in command the power to perform tasks such as enter into contracts, make investment decisions, file taxes, claim inheritance, manage banking, buy and sell real estate and make health decisions on your behalf.

Medical Power of Attorney

This is a type of health care advance directive in which you appoint a person to make medical treatment decisions for you when you cannot make them for yourself. The person you name is called your agent, proxy, representative or surrogate. You can also include instructions for decision-making.

When choosing a medical power of attorney, it’s wise to consider someone who is willing to ask questions of medical professionals, and who can set aside their own feelings in order to carry out your desires regarding your health.

Without a medical power of attorney, the courts determine who makes your medical decisions on your behalf if you are unable to do so.

Springing Power of Attorney

This type of power of attorney is named springing because it “springs” into action should you become incapacitated.