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
- Property Transfers
- 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.
Marked by Integrity
Over 30 years of practice in San Diego County and a reputation for professional excellence.
Driven By Excellence
Award-winning attorneys who resolve even the most complicated issues and cases.
One of the few San Diego firms that focuses exclusively on trust and estate matters.
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A team that thinks outside the box to find the best solution to your problem.
Our clients and their families return to us generation after generation.
Our attorneys are actively involved in the local community and have been for over 30 years.
Our Clients Say It Best
I had the pleasure of working with Hilary Vrem during a family probate case. It was a difficult time for me as I was dealing with a loss in the family and needed assistance tackling the legal process. She provided me with a clear understanding of what to expect and guided me through my best options and next steps. She went above and beyond throughout our correspondence. I would happily recommend BJJ, their attorneys, and Hilary to friends and family who are dealing with a similar situation.