Durable Power
of Attorney (DPA)

Granite Bay’s Choice For Estate Planning

Our Popular Practice Areas:

Estate Planning
Wills
Trusts
Power of Attorney

Durable Power of Attorney

A “power of attorney” is a legal document that gives someone the power to act on behalf of someone else. In California, the person executing the document is known as the “principal” and the person chosen to act on the principal’s behalf is known as the “agent” or “attorney-in-fact.”

Generally, there are four different types of powers of attorney documents recognized in California. These include:

  • A durable power of attorney allows the agent to make all financial decisions for the principal.
  • A general power of attorney is a much longer form with more specific powers.
  • A limited power of attorney only gives the agent authority to perform a specific duty or transaction, like buying a house.
  • A medical power of attorney allows the agent to make all medical decisions for the principal.

A California Estate Planning Lawyer You Can Trust

In the case of death or incapacity, you need a structure in place to ensure your wishes are followed and your family is protected. For more information about estate planning, you can explore our FAQ page or contact us online today. We are also available by phone at (916) 773-6100.

Call (916) 773-6100

What is a durable power of attorney?

A durable power of attorney allows the power of attorney to survive even if the principal becomes incapacitated. That means that even if the principal becomes unconscious, surfers from mental illness or injury, the agent or attorney-in-fact still maintains the ability to make financial or healthcare decisions on behalf of the principal.

The principal has the power to revoke the power of attorney at any time and for any reason. However, in order to revoke the durable power of attorney, the principal must have the necessary competence to do so. That means, a court can invalidate the document if it determines that the principal was not of sound mind. In order to effectively carry out the revocation, the principal will have to draft an official statement of revocation. That revocation should be distributed to the agent and anyone who they may have communicated with.

A Vital Part of Your Estate Plan

A durable power of attorney is an important part of estate planning because it is a tool that can be used to manage or administer the estate of a person who becomes incapacitated. However, just like any power of attorney, the included language must be specific in order to make it a durable power of attorney. California has official power of attorney forms that include language needed to make the power of attorney durable. It is important to work with your estate planning attorney on completing these forms to ensure that they comply with all state requirements.

Estate Planning, Wills & Trusts Practice Areas

Our methods for handling estate planning issues are unique. We offer legal assistance for a range of estate planning, probates, wills and trust needs.

Mr. McCunn specializes in a holistic, project management approach which empowers you to make your own decisions throughout the process. He has a reputation as a peacemaker and his honest and pragmatic attitude towards divorce and other family law issues ensures you only pay for the services you need during your case.

“McCunn Law is a high-quality and highly knowledgeable legal team. I went into a consultation regarding child custody and was extremely happy with the plan and ultimately the results of my case. They create a plan with the client’s needs and wants in mind. Drummond is also great working with regarding what kind of budget a client would be able to afford. If I have any more legal needs in the future this is the office I will use every time.”

Megan P.

“McCunn Law is a high-quality and highly knowledgeable legal team. I went into a consultation regarding child custody and was extremely happy with the plan and ultimately the results of my case. They create a plan with the client’s needs and wants in mind. Drummond is also great working with regarding what kind of budget a client would be able to afford. If I have any more legal needs in the future this is the office I will use every time.”

Megan P.

“McCunn Law is a high-quality and highly knowledgeable legal team. I went into a consultation regarding child custody and was extremely happy with the plan and ultimately the results of my case. They create a plan with the client’s needs and wants in mind. Drummond is also great working with regarding what kind of budget a client would be able to afford. If I have any more legal needs in the future this is the office I will use every time.”

Megan P.