San Diego Agent Representation
At At Brierton, Jones & Jones, LLP, we represent agents under health care directives (a health care proxy) and powers of attorney to help them understand their duties and powers.
Health Care Proxy vs. Power of Attorney
A health care proxy is a legal document that gives an agent the authority to make medical decisions on another’s behalf should they be unable to speak for themselves (it can be immediately effective).
A health care proxy differs from a living will, which documents your health care wishes, but does not appoint someone to communicate those wishes on your behalf. Living wills are directed at unnamed family or friends, and hospitals and medical facilities.
A power of attorney is a legal document that gives an agent the authority to handle financial matters on another’s behalf for non-trust assets (such as retirement accounts, financial accounts, life insurance, and tax returns).
A person can choose one or more agents to serve jointly or in succession in either or both capacities. There are also options to identify backups.
How Do We Assist Agents?
We counsel agents on:
- Whether they have the current authority to act
- Whether an accounting is required
- Whether the power of attorney must be recorded in the relevant county real property records
In some cases, we may analyze whether a conservatorship is needed based on the contents of the power of attorney and the extent of its authority.
We may also assist in enabling communication between the agent, financial and taxing authorities, or medical persons or institutions, and facilitating acceptance of the respective power of attorney or health care directory by third parties.
Understanding the Terminology
Here are the some of the terms that agents should know:
An advance directive is a legal document that states a person’s health care wishes should they be unable to communicate.
Durable Power of Attorney
A durable power of attorney is one that becomes effective upon determining that the principal is incapacitated or mentally unable to handle his or her financial affairs. The terms of the durable power of attorney may be broad enough to give an agent the same authority as the principal to make decisions about the principal's financial affairs.
Limited Power of Attorney
A limited power of attorney gives you the opportunity to specify exactly what you are comfortable with an agent handling on your behalf.
- Estate Planning
- Trust Administration
- Special Needs Trust
- Probate Litigation
- Trust Litigation
- Trust & Estate Mediation
- Real Property Tax Consultation
- Estate Tax Returns
- Agent Representation
When you need a San Diego estate planning attorney to help you put everything in order, Brierton, Jones & Jones, LLP is here for you.
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