Estate Matters

Durable Power of Attorney

Experienced Bay Area Durable Power of Attorney Lawyer Serving San Francisco, Oakland, and the surrounding counties of Alameda, Contra Costa, San Mateo, Santa Clara, and Marin

How often do you think about retirement planning and securing the future for your family and loved ones? A crucial aspect of securing your family’s future is facing the uncomfortable and difficult issues surrounding aging. As we get older and into retirement, creating a legal plan that delegates authority over your personal and financial affairs takes on greater importance. Ultimately, there may come a time when you will need a person to make vital decisions for you. Are you prepared? An East Bay durable power of attorney lawyer can help you.

What is Durable Power of Attorney?

In times when the inconceivable health crisis has occurred and you are unable to manage your affairs, you will need a plan. A Durable Power of Attorney is a document that provides a person of your choosing the legal power and authority to act on your behalf to make financial or health related decisions for you. The person or entity you choose to place your trust in is referred to as your “agent” or “attorney-in-fact.” The “durable” designation in a power of attorney signifies that the power of attorney promptly goes into effect and remains legally binding if you become mentally debilitated. The crucial component to durable power of attorney is the fact that the document is in effect during the time a person is mentally competent and after the person becomes mentally debilitated.

Decisions in Choosing Power of Attorney vs. Durable Power of Attorney

Unlike the durable power of attorney which goes into effect immediately, a power of attorney does not go into full effect until you are determined to be mentally debilitated. The following questions should be carefully considered before making your decision.

  • Who do you want to name as your agent?
  • How trustworthy is the person you will name as your agent?
  • When can the agent exercise his or her powers?
  • Do you have a substitute or successor if your first choice agent is unavailable?
  • What powers do you wish to give your agent?

Durable Power of Attorney “Powers”

In a durable power of attorney you have a serious choice to make when choosing your agent. Just as important are the choices you make for the powers that you will grant your agent. You have the ability to customize and choose the powers you wish to include in your durable power of attorney. The following are just a few examples of powers you could include.

  • To perform any act or duty as it pertains to your business, business property, personal property or real property
  • To ask, demand, or sue for collection of debts owed to you
  • To establish, terminate, or utilize accounts with security brokers or corporate fiduciaries for your benefit
  • To establish accounts including checking and savings with banks and financial institutions for you
  • To purchase, lease, invest, exchange, assign and acquire real or personal property for you
  • To improve, maintain, or manage any personal or real property for you
  • To sign and endorse or execute mortgage deeds and any other instruments in writing of whatever kind as may be necessary or proper to exercise the rights and powers granted in your name
  • To prepare any income tax returns for you
  • To establish qualified income trust for you

Our Dedication to Protecting Your Rights

Our law firm takes great pride and satisfaction in providing the same high quality legal representation offered at large San Francisco law firms, but with the personal services and cost effectiveness of a smaller, boutique law firm.

Free Initial Consultation

Contact the Law Office of Thomas C. Tagliarini by phone at (510) 444-0692 or email for a free consultation with an East Bay will dispute lawyer. We serve Oakland, San Francisco and the surrounding counties of Alameda, Contra Costa, San Mateo, Santa Clara, and Marin.