Power of Attorney in Milpitas, California

Find the right Power of Attorney attorney in Milpitas, CA

In Milpitas, California, power of attorney is an arrangement in which one person (the principal) gives another (the attorney-in-fact) the capacity to act on the principal's behalf in particular situations, and under particular conditions. Power of attorney might be authorized for any number of reasons, but it is most commonly set up to allow the attorney-in-fact to make financial and medical decisions on the principal's behalf in the event that the principal becomes incapacitated.

If you are giving someone power of attorney, it's up to you to decide clearly what kind of decisions they will be able to make, and when they'll be able to make them. In any case, however, it's very important that you completely trust the person to whom you're granting this authority, since any power of attorney, even if it's very limited in scope, can be abused. Obviously, whatever type and amount of power you wish to give will depend on your intentions, as well as many external factors.

One very frequent reason for granting power of attorney is that the grantor believes that they might become incapacitated, due to age or illness, in the fairly near future, and they want to make sure that their preferences relating to care at the end of their life are followed. Of course, if nobody knows what that person's preferences are, and the patient is unable to express them, family members and doctors will simply have to guess. Obviously, there's a good chance that they could get it wrong. Thus, you should make your desires well-known to those who will be in a position to implement it, and grant, in writing, a person you trust (such as a spouse, life partner, sibling, or adult child) the authority to carry out your wishes, if necessary.

Typically, you can find forms in Milpitas, California that let you quickly draft a power of attorney document. However, if a massive amount of money is at stake, or you wish to grant very particular and limited powers, you should probably consult with a lawyer beforehand.

Types of Power of Attorney Arrangements in Milpitas, California

Power of attorney in Milpitas, California takes 3 main forms. Which one is appropriate for you depends on your particular case. They are:

1. Limited power of attorney - this is probably the most limited form of power of attorney. It lets someone act on your behalf in a single instance. It is used most commonly in large sales transactions involving a written contract. If the closing of the deal is set to take place far away from where one of the parties is located, they can give limited power of attorney to someone who is closer. All you have to do is give that person the power to act on your behalf in this one transaction. This authority automatically expires once the deal is finished.

2. Durable power of attorney - unlike limited power of attorney, this does not automatically expire, and can last as long as the principal wishes. It can also be revoked by the principal. For instance, if you want someone to handle your financial affairs for a time, you can give them the relevant power in your power of attorney agreement, and it will last as long as you want it to. Of course, you should only give such authority to someone you trust.

3. Springing power of attorney - springing power of attorney is much like durable power of attorney, with one key difference: the power only takes effect upon the happening of a particular event. The principal is free to set whatever conditions they like in this arrangement, no matter how outlandish. Of course, in most cases, the setup is much more practical. A frequent arrangement permits a close friend or family member to make certain decisions for someone else, but only if that person becomes unable to make them himself.

Can a Milpitas, California Lawyer Help?

Setting up a power of attorney arrangement in Milpitas, California can be easy, but it can also be very difficult. It just varies on what you're trying to do. However, if you are at all unsure about how to proceed, it would probably be a good idea to have an attorney draft the agreement for you.

Talk to a Wills, Trusts & Estates Law Attorney now!

Life in Milpitas

Milpitas, California is a city in Santa Clara County. It is a suburb of San Jose, which is the largest city in the San Francisco Bay Area. The current population of Milpitas, California is approximately 67,000 people.

Milpitas, California was incorporated in the 1950s, in order to prevent itself from being annexed by the rapidly-expanding San Jose. Many Milpitas, California lawyers were involved in setting up the city's incorporation.

Nowadays, many residents of Milpitas, California work outside the city, mostly in San Jose. Because of its proximity to Silicon Valley, many residents of Milpitas, California work in the high tech industry. Also, many of the nation's largest law firms have Silicon Valley offices, so there are many extremely successful and sophisticated Milpitas, California attorneys.

However, if you live in Milpitas, California, you won't have to look to a big, expensive law firm for help. There are many experienced, competent, and affordable Milpitas, California lawyers who can help you with almost any legal issue you may face.

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