Power of Attorney
Making a Power of Attorney
Are you considering making a power of attorney in San Francisco? A power of attorney (POA) allows an individual to authorize someone else to handle his or her affairs. The ability to allow children to handle their unable parent’s affairs or to authorize someone in a foreign country or other distant location to sell or otherwise manage their property is a very useful legal tool. The person giving the authorization is referred to as “the principal” and the person receiving the authorization is referred to as the “attorney-in-fact.” The principal can revoke this power at any time.
A POA can be drawn very broadly and can authorize the attorney-in-fact to do anything the principal can do. In other words, the attorney-in-fact stands in the shoes of the principal, which is often referred to as a “general power of attorney.” A POA can also be drawn very narrowly so as to authorize the attorney-in-fact to do nothing more than sell a piece of property, which is sometimes referred to as a “special power of attorney.” This authority can become effective immediately upon the principal signing the prospective document, which then remains in effect– or it can become effective upon the principal’s incapacity, which is then referred to as a “durable power of attorney.” All authority–whether general, special or durable–becomes void when the principal dies.
If you would like to discuss making a power of attorney in San Francisco, call our office at (650) 488-0431 for a complimentary appointment.