The Law Offices of Hassan A. Allen & Associates is focused on Long Beach family law issues. Our areas of focus include: Divorce, Legal separation or annulment, Custody and visitation rights issues, Child, Spousal, and Partner support, Parentage, Adoption. We also focus on Juvenile issues particularly juvenile court, Juvenile dependency such as abuse and neglect, Child emancipation, Special education needs, and Guardianship (Probate Court).
Executing a power of attorney does not necessarily mean that you no longer make decisions; it just means that another person of your choosing can act on your behalf. For example, you may be in a serious car accident and hospitalized for a short period of time and need someone to deposit checks into your bank or pay bills. As long as you are capable of making decisions, the other person must make sure they follow your directions. Simply stated, you are sharing your power with someone else. Importantly, the Principal (you), can revoke the power of attorney from the agent or attorney-in-fact at any time if you become unhappy with how they execute your wishes.
Several types of power of attorney exist, one of them is what is know as a durable power of attorney. The word "durable" means that your agent can continue to make decisions for you if you become unable to make decisions. The agent is however still obligated to act in your best interest, making decisions and using your money and property only for your benefit.
By creating a durable power of attorney, you are giving the agent some of the following powers:
- To cash checks, pay bills, and withdraw money from your bank accounts
- To sell or buy property
- To enter into or disentangle the principal from any form of contracts
- To pursue any form of legal action(s) on your behalf
- To pursue insurance claims
If you do not establish a durable power of attorney and you become mentally incapacitated, it may be necessary for a probate court to step in on your behalf and they would then appoint a guardian or conservator for you. Guardianship and conservatorship are alternatives to a durable power of attorney.
Can you revoke a power of attorney? The simple answer is yes! If for any reason you are uncomfortable with your chosen agent or agents, you have the right to revoke the power of attorney at any time, as long as you are of sound mind. In order to revoke a power of attorney, and a durable power of attorney you simply write or type up a statement that includes the following important points:
- Name and date
- That you are of sound mind
- That you wish to revoke the durable power of attorney
- Specify the date the original durable power of attorney was executed
- Specify the person or persons named as your agent(s)
- Your signature
Then distribute copies of that statement to your agent and to any institutions and agencies, such as banks and mortgage companies that had previous notice of your power of attorney. After you revoke the power of attorney and or durable power of attorney, you can either execute a new durable power of attorney naming someone else as your agent to handle your affairs; or you can handle your affairs.
Managing your affairs by either alternative can be accomplished more easily and cheaply with a power of attorney. We are at your service. Protect your life's work and call me (562-437-8040), or fill in the evaluation form now.
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Revoking A Power of Attorney
