When a family member ages, it can be easy to become overwhelmed trying to help them make healthy, safe decisions about different aspects of their lives. You may mean well, but certain ailments, such as dementia or other medical conditions, may make it difficult for them to manage their lives the way they once did. If you are wondering how to get power of attorney for a parent or loved one in California, you may benefit from the help of a power of attorney lawyer.

An Overview of the Power of Attorney in California

Learning how to get power of attorney for a parent or loved one in California is one of the greatest ways you can advocate for your ageing relative. You can help them set up healthy strategies, budgets, and futures, showing them your love and looking out for them the way they hopefully did when they were raising you. Still, this process can easily become overwhelming, which is why it can be beneficial to hire a power-of-attorney lawyer to help.

Currently, over 9 million adults aged 60 and older live in the Golden State. It is projected that the number of senior citizens will outnumber those under the age of 18 by the year 2030. With an aging population, it is important to help the senior citizens you know prepare for the future.

One recent study found that roughly 43% of adults over 55 feel they lack an advocate to help them as they age. If you have decided to pursue a Power of Attorney for an ageing parent or loved one, it is always better to do it as soon as possible.

Key Terms for Understanding How Power of Attorney Works in California

There are several key terms to be aware of when learning about Power of Attorney in California:

  • POA: POA is the abbreviated name for Power of Attorney and is often used when describing the different kinds one can obtain.
  • Principal: The principal is the adult individual selected as the POA.
  • Agent: The agent is the person who will be granted POA.

What Are the Different Types of Power of Attorney in California?

There are four main types of Power of Attorney that one can be granted in the Golden State, which are as follows:

  • Durable Power of Attorney, or DPOA: Durable POAs are one of the most commonly chosen types for aging parents and loved ones. DPOAs allow the principal to appoint someone to manage their finances, handle their property, and pay bills on their behalf if they become mentally incapable of doing so.
  • General Power of Attorney, or GPOA: GPOAs grant the agent a broad range of authority but typically end if the principal becomes incapacitated. The lack of power over long-term care planning is often the reason people choose a DPOA instead.
  • Limited or Special Power of Attorney: An agent can be granted a POA to complete a specific task, such as selling a car.
  • Medical Power of Attorney, or Healthcare POA: If an agent has a medical POA, they have been granted the right to make medical decisions for the incapacitated principal. This typically includes the ability to consent to the principal’s treatment on the principal’s behalf and to access the principal’s medical records.

Hire a Power of Attorney Lawyer

There are many reasons to hire a power of attorney lawyer, chief among them being the knowledge and attention to detail they can provide. A lawyer’s insight can help you avoid common mistakes and confusion, both of which can become far larger problems in the future. They can advise you on timing, POA plans, and more, operating as a guide and advocate for both you and your loved ones.

FAQs

Q: How Much Does It Cost to Hire a POA Lawyer in California?

A: In the state of California, the cost of hiring a Power of Attorney lawyer tends to vary. This is mainly due to the unique influence that specific variables can have on the overall price, such as the level of complexity the case presents, the time it takes to be finalized, and the attorney involved.

Q: What if My Parent or Loved One Is Already Incapacitated?

A: Obtaining a power of attorney for a parent or loved one is typically only possible before the principal becomes incapacitated. Once this has happened, you generally must pursue a different process, as it is considered a violation of the principal’s rights to allow control when they are no longer mentally able to offer it. Conservatorship is one option for those who were unable to secure a POA before incapacitation.

Q: How Long Will It Take to Gain POA for My Loved One?

A: Similarly to the cost of hiring a power of attorney lawyer, the amount of time your POA case may require tends to vary based on the impact certain factors may have on your case. The availability of all parties involved, the principal’s willingness, and the complexity of your case are all variables that can influence your overall timeline.

Q: Is Hiring a POA Lawyer Worthwhile?

A: Hiring a Power of Attorney lawyer can prove to be incredibly beneficial and worthwhile, providing you with clarity, guidance, insight, and the knowledge you need to avoid the stress and confusion that commonly accompanies those who try to do it themselves. A lawyer can also help you avoid making mistakes that may become a problem down the road.

Why You Should Choose Fishman, Larsen & Callister

When you hire Fishman, Larsen & Callister to handle your Power of Attorney case, you no longer have to navigate the complex legal world alone. We pride ourselves on handling our cases differently, doing everything we can to tailor our process and goals to meet your unique needs.

Contact Fishman, Larsen & Callister today to schedule a consultation and see how we can help you and your family prepare for the future.