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Power of Attorney for an Incapacitated Person

A power of attorney is a legal document that allows an individual to designate another person as his or her agent. The agent is then authorized to act on the principal's behalf in legal and financial matters. A power of attorney can be a durable power of attorney, which remains in effect even if the principal becomes incapacitated, or a general power of attorney, which is effective only during the principal's lifetime.

The agent is authorized to make financial decisions, such as paying bills and managing investments, and may also be authorized to make medical decisions or act on the principal's behalf in legal matters, such as filing lawsuits. However, the agent is not authorized to make decisions about end-of-life care, such as whether the principal should be placed on life support or whether to discontinue artificial nutrition and hydration.

A power of attorney can be revoked at any time. However, the revocation is not effective until the principal becomes incapacitated. If the principal becomes incapacitated, the power of attorney may be revoked or terminated by the principal's legal guardian or conservator. Our Glendora POA lawyers at the Law Office of Donna Bachoura can help you establish a power of attorney and navigate the estate planning process.


Book your free initial consultation with our Glendora POA attorneys by contacting the Law Office of Donna Bachoura at (626) 325-0660.


What Is a Power of Attorney for Health Care?

A power of attorney for health care is a specific type of power of attorney that allows an agent to make decisions about end-of-life care, such as whether to place the principal in hospice or to discontinue artificial nutrition and hydration. A health care power of attorney can also be used to appoint a guardian for minor children. The agent is authorized to make these decisions on behalf of the principal only if the principal becomes incapacitated.

What Is a Health Care Proxy?

A health care proxy is a document that allows an individual to designate another person as his or her agent to make decisions about end-of-life care, such as whether to place the principal in hospice or to discontinue artificial nutrition and hydration. A health care proxy is similar to a power of attorney for health care, but it is not as comprehensive. A health care proxy can be revoked at any time and is not effective until the principal becomes incapacitated.

What Is a Durable Power of Attorney?

A durable power of attorney remains in effect even if the principal becomes incapacitated. The durable power of attorney must be registered with the court to be effective. The agent must file a petition for appointment with the probate court and must be approved by the court before the power of attorney is effective. The court may require the agent to post a bond to protect the interests of the principal.

What Are the Benefits of a Power of Attorney?

A power of attorney provides a great deal of flexibility and can be tailored to meet the principal's specific needs. For example, the agent may be authorized to make financial decisions about investments, insurance, and taxes, but may not be authorized to make medical decisions. The agent may also be authorized to make decisions about end-of-life care, such as whether the principal should be placed on life support or whether to discontinue artificial nutrition and hydration. The principal may revoke or terminate the power of attorney at any time. However, the revocation is not effective until the principal becomes incapacitated.

When Should I Create a Power of Attorney?

A power of attorney is most useful when the principal is elderly or has a serious illness or disability. The principal should designate an agent who will act on his or her behalf when the principal is no longer able to make his or her own decisions. The principal should consider designating more than one agent in case one agent is unable to act on his or her behalf.

The principal should also designate an alternate agent in case the primary agent is unable to act on his or her behalf. The principal should also designate a backup agent in case the primary and alternate agents are unable to act on his or her behalf. The principal should periodically review his or her power of attorney to ensure that it remains current with his or her current needs.

Contact Our Glendora POA Lawyers

Ensure your interests with a Power of Attorney in Glendora, CA, offered by the trusted Law Office Of Donna Bachoura. Our expert team will guide you through the process, granting you peace of mind for important decisions ahead. Safeguard your future today.


To learn more about power of attorney, please contact our Glendora POA lawyers at (626) 325-0660.


Commonly Asked Questions

What is the difference between a general power of attorney and a durable power of attorney?

A general power of attorney is effective only during the principal's lifetime, while a durable power of attorney remains in effect even if the principal becomes incapacitated.

Can a power of attorney be used to make decisions about end-of-life care?

A power of attorney can authorize the agent to make decisions about end-of-life care, such as placing the principal on life support or discontinuing artificial nutrition and hydration.

Is a power of attorney the same as a living will?

No, a power of attorney appoints an agent to make decisions on behalf of the principal, while a living will outlines the principal's wishes regarding medical treatment in specific situations.

Can a power of attorney be changed or updated?

Yes, a power of attorney can be revoked or updated at any time as long as the principal is mentally competent to make such decisions.

What happens if I don't have a power of attorney in place?

Without a power of attorney, decisions about your financial, legal, and medical matters may be left to the court to decide, which can be time-consuming and costly.

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