Durable Powers of Attorney

Jack E. Stephens has been designated as a panel speaker to educate other attorneys sponsored by the California Education of the Bar (CEB) and the National Business Institute (NBI) on the proper use and limitations of Durable Powers of Attorney in California.

The Problem: Many individuals who have been designated as agents, also known as attorney-in-fact, in a Financial Durable Powers of Attorney (DPA), are significantly confused as to what authority they may exercise. They are many times conflicted as to what assets they have authority over, especially if they are also designated as the Successor Trustee.

Numerous Healthcare agents don’t understand the extent of his/her authority over life support issues and basic requirements to act for an incompetent Principal. Are you prepared and willing to decide the life support decisions for your spouse, parent, sibling or child?

Our expertise in this area will benefit you and your family as follows:

1. Clarifies the authority of an agent over assets so as not to conflict with the Trustee of the Family/Living Trust ;

2. Provides support and on-going advice as to when and how the Financial DPA is effective in California and the guidelines the agent must follow;

3. Provides attachments to the Advanced Health Care Directive so that the Principal makes life support decisions while competent so as to remove this burden from the agent;

4. Instructions are given on the DPA prior to signing; and

5. Advise on the appropriate agents to designate in the DPA to avoid conflicts and potential legal proceedings with conflicting authority.