A Financial Power of Attorney directs who will manage your financial affairs if you cannot do so yourself. At the Law Offices of Robert P. Bergman, we assist clients in Century City and throughout Los Angeles County with clear, practical planning that reflects California law and personal priorities. A properly drafted Financial Power of Attorney can streamline bill payments, manage investments, handle tax matters, and preserve family assets when life is uncertain. Our approach focuses on customizing documents to match your needs while explaining options in plain language so you can make informed choices about who will act on your behalf and when those powers begin and end.
Choosing the right Financial Power of Attorney involves more than signing a form. It means selecting an agent you trust, setting appropriate limits, and ensuring the document complies with state requirements and institution policies. We help you weigh immediate practical matters like banking access and bill payment against longer-term issues including retirement accounts, property management, and coordination with trusts or wills. Our team reviews your overall estate plan so the power of attorney works smoothly with other documents. We also prepare certifications and related paperwork to reduce friction with banks, brokers, and government agencies in Century City and throughout California.
A Financial Power of Attorney provides a practical safety net that lets a trusted person handle your finances if you are temporarily or permanently unable to do so. With the right document you can avoid guardianship proceedings, ensure bills and mortgage payments continue, preserve credit, and keep investments aligned with your objectives. For business owners and retirees, it can prevent interruptions in income and protect retirement savings. We help clients draft powers that address immediate access, successor agents, and limitations so the agent has the authority needed while safeguarding against misuse. The result is continuity, reduced legal hurdles, and peace of mind for you and your family.
The Law Offices of Robert P. Bergman serve clients across California with a focus on practical estate planning, including Financial Powers of Attorney. Our attorneys bring years of experience drafting documents that reflect client priorities, handle follow-up matters with financial institutions, and coordinate with trusts, wills, and health directives. We emphasize clear communication, careful document design, and compliance with California formalities. Our goal is to deliver documents that are respected by banks and government entities while protecting clients from unnecessary legal risks. We also provide ongoing support when circumstances change, such as changes in family dynamics, assets, or health.
A Financial Power of Attorney is a legal document that grants another person the authority to manage your financial matters. It can be durable, meaning it remains effective if you later lose capacity, or it can be limited to a specific time or transaction. Important decisions include choosing an agent, specifying powers, determining whether the authority becomes effective immediately or upon incapacity, and including successor agents. The document should address interactions with banks, retirement accounts, and tax matters in California. We guide clients through each decision to ensure the document aligns with family needs, asset types, and long term planning goals.
When deciding on a Financial Power of Attorney, consider the agent’s reliability, proximity, and willingness to act. You may delegate broad authority or limit powers to specific activities such as bill paying, real estate transactions, or business management. It is also important to coordinate the power of attorney with other estate planning tools like revocable living trusts, wills, and health care directives to avoid conflicts. We help clients identify appropriate safeguards, such as requiring accounting, appointing successor agents, and setting conditions for when the power is active. Proper planning helps ensure financial affairs continue smoothly without court intervention.
A Financial Power of Attorney names an agent to handle financial affairs on your behalf. It can grant broad authority to sign documents, manage bank accounts, sell property, and handle tax and retirement account matters. The document may be durable so that it remains effective if you lose capacity, or it may be limited to a specific transaction or period. Choosing the right scope and timing is essential to balance convenience and protection. We explain the legal standards in California, common institutional requirements, and how to structure powers so the agent can act effectively while minimizing potential for disputes among family members or with third parties.
A complete Financial Power of Attorney includes identification of the principal, naming the agent and any successors, a clear description of granted powers, effective date provisions, and signature and witnessing or notary requirements under California law. Some institutions require a specific certification of trust or bank forms; others accept a standard power of attorney. The process involves drafting the document, executing it with the necessary formalities, distributing copies to relevant institutions, and storing the original safely. We assist with each step, from drafting and execution to delivering the document to banks, brokers, and benefit administrators to reduce delays when the agent needs to act.
Understanding common terms can make it easier to plan effectively. Terms include agent, principal, durable, springing, limited authority, successor agent, and revocation. Each term affects how a power of attorney operates and what limitations or protections apply. For instance, a durable designation keeps the authority active after loss of capacity, while a springing power requires a specified event before becoming effective. Knowing these terms helps in drafting a document tailored to your situation. We explain each concept in straightforward language and show how the terms influence daily financial management and long term planning in California.
The agent, often called the attorney-in-fact, is the person authorized to act on your behalf under a Financial Power of Attorney. This individual can perform financial tasks you specify such as paying bills, managing accounts, buying or selling property, and interacting with government agencies. Selecting an agent requires trust, availability, and an understanding of your objectives and values. It is common to name successor agents in case the primary agent cannot serve. We help clients draft clear instructions for agents, including any required accounting, limitations on authority, and guidance on how to approach sensitive decisions to avoid family disputes or institutional pushback.
A durable designation means the Financial Power of Attorney remains effective even if the principal later loses decision-making capacity. This durability avoids the need for a court-appointed conservatorship and allows a trusted agent to manage finances without interruption. The document must include language that clearly states the principal’s intent for the durability to apply. While durable powers help with continuity, they also necessitate careful selection of the agent and built-in safeguards such as successor agents, accounting requirements, and limitations on certain powers to reduce risk and provide clear oversight for the agent’s actions.
A springing Financial Power of Attorney becomes effective only upon a specified event, commonly the principal’s incapacity. This design can provide reassurance that the power is not active until truly needed, but it may create practical hurdles, such as disagreement over whether the triggering condition has occurred. Financial institutions sometimes resist springing powers because they require proof before accepting the agent’s authority. We advise clients on drafting clear triggering conditions and on practical strategies to minimize delays, including providing documentation and naming successor agents to ensure a smooth transition when the power must be used.
A successor agent steps in if the primary agent is unable or unwilling to serve. Naming successors avoids gaps in authority and helps maintain continuity in financial management. Revocation refers to the principal’s ability to cancel a power of attorney while competent; revocations should be communicated to institutions holding copies of the original to prevent unauthorized actions. We help clients include successor provisions and prepare clear revocation procedures, including written notices to banks, brokers, and account custodians to ensure the revocation is recognized and the right person holds authority when needed.
When planning a Financial Power of Attorney you can choose a limited document that covers specific transactions or a comprehensive power that authorizes broad financial management. Limited powers may suffice for a single transaction such as selling a property or managing a single account, while comprehensive powers cover ongoing bill paying, investment management, and tax obligations. Each option has tradeoffs between control and convenience. We review your assets, family dynamics, and potential scenarios to recommend the design that balances oversight with the practical need for an agent to act promptly on your behalf when circumstances change.
A limited Financial Power of Attorney is often suitable when you need someone to handle a specific transaction or short-term matter, such as selling property, closing a business deal, or managing a temporary absence. This format allows you to grant narrowly defined authority for a fixed time, reducing the chance of overreaching powers while ensuring the transaction proceeds efficiently. It is a useful tool for travelers, military deployments, or people with temporary health concerns. We draft precise language that defines the scope and duration of authority to prevent misunderstandings and to satisfy third-party requirements during the transaction period.
Limited powers can be ideal for delegating control of a particular account, a business interest, or a single property when you prefer not to grant broad financial authority. This approach keeps oversight in your hands for other matters while allowing an agent to act efficiently where needed. It works well for clients who want to control long-term asset decisions but require help with day-to-day management of one aspect of their finances. We assist clients in tailoring limited powers so institutions accept the document and the agent can complete required actions without unnecessary delays.
A comprehensive Financial Power of Attorney becomes essential when planning for potential long-term incapacity that requires sustained financial management. Granting broader authority ensures an appointed agent can manage ongoing obligations like mortgage payments, bill paying, investment oversight, and interactions with retirement accounts. This continuity can prevent lapses in financial obligations and avoid the need for a court-appointed conservator. We help clients structure comprehensive powers with appropriate safeguards such as successor agents, periodic accounting requirements, and specific instructions to ensure the agent’s actions align with the principal’s long-term intentions and estate plan.
Clients with multiple accounts, investment portfolios, business ownership, or significant real estate often benefit from a comprehensive Financial Power of Attorney. Broad authority enables an agent to handle varied tasks like managing business operations, coordinating with accountants, and overseeing property transactions without repeated document changes. This approach reduces delays when swift action is required and allows the agent to respond to evolving financial needs. We work with clients to draft powers that grant necessary authority while incorporating provisions to protect against potential misuse and to preserve the principal’s long-term financial goals.
A comprehensive Financial Power of Attorney reduces the need for multiple narrowly tailored documents and allows a trusted agent to manage a wide range of financial matters without interruption. This approach helps maintain payment schedules, preserve investments, and avoid costly court proceedings to appoint a conservator. It is particularly helpful when financial affairs are complex or when frequent decisions may be needed. Proper drafting ensures legal compliance and institutional acceptance, and combined with successor agents and oversight mechanisms, it offers continuity and responsiveness that protect your financial interests over time.
Comprehensive powers also facilitate coordination with other estate planning tools, including trusts, wills, and health care directives, creating a cohesive plan for your financial and personal needs. When an agent can act across multiple areas, they can address tax filings, benefits coordination, and asset preservation with a unified strategy. We design comprehensive documents that include clear instructions, limitations where appropriate, and successor naming to balance authority with accountability. This helps families avoid disputes and ensures assets are managed in alignment with the principal’s intentions during periods of incapacity or transition.
One major advantage of a comprehensive Financial Power of Attorney is the continuity it provides for financial management, which can prevent the need for court-appointed conservatorship. By naming an agent with durable authority and successor options, families can avoid formal legal proceedings that are expensive, public, and time-consuming. This continuity allows bills, taxes, and investments to be handled without interruption, maintaining credit and protecting assets. We help clients draft documents that meet California requirements and reduce the risk that institutions will decline to accept the agent’s authority when action is needed quickly.
Granting comprehensive authority streamlines decision-making because the agent can address multiple financial matters without repeatedly seeking new authorizations. This leads to faster resolution of urgent matters such as mortgage payments, investment rebalancing, or business cash flow issues. It also reduces administrative burden by minimizing the number of separate documents and approvals necessary for routine affairs. We prepare documents and supporting certifications so banks, brokers, and government agencies recognize the agent’s authority, enabling timely access and action when it matters most for preserving financial stability.
Selecting an agent is one of the most important decisions when creating a Financial Power of Attorney. Beyond trustworthiness, consider whether the person is comfortable managing financial matters, available when needed, and geographically positioned to act quickly if necessary. It is helpful to discuss expectations, access to accounts, and any limitations you want to impose before executing the document. Clear, written guidance reduces confusion and supports the agent in following your wishes. We recommend naming successor agents to ensure continuity if your primary choice cannot serve and documenting any conditions under which authority is granted.
After executing a Financial Power of Attorney, provide copies to the named agent, successor agents, and relevant financial institutions, while storing the original in a secure but accessible location. Advance distribution of copies can reduce delays when the agent needs to act. Notify banks, brokers, and retirement plan administrators and provide any required institution-specific forms or certifications. Keeping a clear record of who has copies and why prevents disputes and helps third parties verify the agent’s authority. We assist clients in preparing and delivering the documentation banks and other entities typically request to accept the agent’s role.
Consider a Financial Power of Attorney if you want to protect your financial affairs from disruption due to travel, illness, or reduced decision-making capacity. This document prevents interruptions in bill payment, mortgage and loan management, and retirement distributions, and can help avoid court intervention. It is particularly useful for business owners, homeowners, and those with multiple accounts who require ongoing management. We help clients evaluate their assets and personal circumstances and craft a power that addresses immediate concerns while remaining flexible for future changes in health or family dynamics.
You should also consider a Financial Power of Attorney when updating or creating a comprehensive estate plan, as it complements wills, trusts, and health care directives. It enables a trusted person to step in quickly to preserve value, manage taxes, and coordinate benefits, lowering the chance of costly delays or lost opportunities. For families concerned about incapacity or those with aging parents, the document presents a practical way to ensure financial stability. We provide guidance on timing, scope, and safeguards so the power is effective when needed and consistent with overall estate planning goals.
Common circumstances include long trips, deployments, planned surgeries, progressive illnesses, or the onset of cognitive decline where immediate delegation of financial responsibilities avoids disruptions. Business owners facing temporary incapacity need someone to manage operations and cash flow. Caregivers often use powers to coordinate payments and benefits for loved ones. People selling property or managing an estate settlement may grant limited powers for specific transactions. We assist in tailoring documents to the situation so the agent has authority to act without overreaching, and so institutions recognize and accept the agent’s role during critical moments.
A Financial Power of Attorney can be essential when you will be away for an extended period and need someone to handle bill payment, banking, or business transactions in your absence. Granting limited or temporary authority ensures continuity and prevents late payments or missed opportunities. This arrangement is particularly helpful for professionals who travel frequently or for owners managing remote properties. We draft documents that specify duration, scope, and any limitations to provide clarity for both the agent and third parties, reducing the potential for disputes while keeping your financial affairs running smoothly.
Planned medical procedures or health changes create a need for someone to manage financial matters while you recover. A Financial Power of Attorney gives a trusted person the authority to pay bills, handle insurance claims, and ensure continuity of care related expenses. It prevents delays in accessing funds for treatment and supports efficient coordination with medical providers and insurers. We work with clients to create documents that become effective for the necessary period and include instructions to guide the agent’s decisions, making sure institutions accept the authority to act when it is required most.
For those concerned about conditions that can lead to progressive incapacity, such as dementia or serious illness, a durable Financial Power of Attorney is a central component of a responsible plan. Naming an agent in advance allows for seamless management of finances, avoiding court intervention and helping preserve assets for beneficiaries. We draft durable documents with successor agents and reasonable oversight provisions to balance authority with accountability. This planning ensures that everyday financial responsibilities and long term obligations are managed according to your wishes as circumstances evolve.
We serve Century City and neighboring communities with personalized assistance in drafting and implementing Financial Powers of Attorney. Whether you live in Century City, elsewhere in Los Angeles County, or need assistance coordinating documents executed elsewhere in California, our team helps ensure your power of attorney meets institutional requirements and reflects your intentions. We provide guidance on choosing agents, defining scope, and integrating the power of attorney with your broader estate plan. Our goal is to make the process straightforward so you and your family have clear, reliable tools for managing financial affairs when needed.
Clients choose our office for practical, client-focused estate planning that emphasizes clarity and enforceability. We draft Financial Powers of Attorney that are tailored to individual needs, mindful of institutional preferences, and consistent with California law. Our team assists with related documents like revocable living trusts, wills, and health care directives to create a coordinated plan. We also help deliver and explain documents to banks, brokers, and benefit administrators to reduce friction when the agent needs to act. Our approach seeks to protect clients’ financial stability while honoring personal preferences.
We take a hands-on approach to document execution and follow-up. After preparing your Financial Power of Attorney, we explain how to store the original, provide certified copies for institutions when needed, and advise on notifying agents and relevant third parties. We also assist with updates and revocations when circumstances change, such as a change in marital status, a move, or significant shifts in asset ownership. This ongoing support helps ensure that your financial planning remains effective over time and that your designated agents can act when necessary without unnecessary delay.
Our office respects client confidentiality and focuses on practical solutions tailored to individual goals. We recognize the sensitivity of granting financial authority and work to build documents with appropriate safeguards such as successor agents, required accounting, and express limitations where warranted. For clients with business interests or complex asset structures, we coordinate with accountants and other advisors to align the power of attorney with tax planning and asset protection strategies. This comprehensive service addresses immediate needs while positioning your affairs for long term stability.
Our process begins with an initial consultation to understand your financial profile, family considerations, and goals for agent authority. We discuss the scope of powers, timing of effectiveness, and safeguards such as successor agents and required accounting. Next we draft the document customized to your needs and review it with you to ensure clarity. After execution with the necessary witnessing or notary, we prepare copies, provide certifications when required by institutions, and advise you on implementing the document with banks, brokers, and other entities. We also offer post-execution support for updates or questions.
During the initial consultation we review your assets, family dynamics, and immediate concerns to determine whether a limited or comprehensive power of attorney best meets your needs. We address how the document should interact with existing trusts, wills, and health care directives, and identify any accounts or institutions that may have special requirements. This stage determines the drafting approach, including whether to include durable or springing provisions, successor agents, and specific limitations. Our goal is to create a plan that works in practice and reduces the chance of delays when authority must be exercised.
We catalog accounts, property, business interests, and retirement plans to ensure the power of attorney language addresses how each asset should be handled. Financial institutions and retirement plan administrators sometimes have specific forms or certification requirements that must accompany a power of attorney. Identifying these needs early prevents later refusals to accept the document. We prepare any necessary supplemental certifications and advise on providing originals or notarized copies to meet the institutions’ standards for acceptance of the agent’s authority.
We assist in choosing an agent and drafting clear instructions about the scope and limits of authority. This includes naming successor agents, setting conditions for effectiveness, and including directions for accounting or oversight if desired. The document is drafted to reflect your preferences for handling specific transactions and to reduce ambiguity for the agent and third parties. Clear, precise language helps protect your interests and supports institution acceptance when the agent needs to present the power of attorney.
Execution involves signing the document with the formalities required by California law, which often includes notarization and, in some cases, witnesses. Proper execution is essential to ensure that banks and other institutions accept the document when the agent seeks to act. We oversee the signing process, arrange for necessary notarizations, and prepare certification of trust or other supporting paperwork if your plan includes a trust. This step reduces the likelihood of later challenges and helps the agent gain prompt recognition from third parties.
Most Financial Powers of Attorney in California require notarization and may benefit from witness signatures depending on the document type and institutional expectations. We ensure execution meets all statutory formalities and prepare witness statements if needed. Notarization helps verify the principal’s identity and capacity at signing, which institutions rely upon when accepting the agent’s authority. Our team coordinates with notaries and witnesses to make execution convenient while maintaining legal validity, and we provide guidance on where to store the original and how many certified copies to prepare for institutions.
After execution, the next critical step is delivering copies to banks, brokers, retirement plan administrators, and other relevant institutions. Some organizations require their own forms or additional certifications before accepting a power of attorney. We help clients identify which institutions should be notified, prepare the necessary evidence of authority, and provide direction on completing institution-specific procedures. Prompt delivery and proper documentation minimize delays when the agent must act and reduce the possibility that institutions will refuse to recognize the authority granted in the document.
Estate planning is not a one-time event; life changes such as marriage, divorce, relocation, changes in asset ownership, or shifts in health may necessitate updates to a Financial Power of Attorney. We recommend periodic reviews to confirm that the agent remains appropriate and that the document aligns with current laws and institutional practices. When modifications are required, we help prepare revocations and new documents, notify institutions of changes, and ensure successor agents are properly named. Regular review keeps your planning effective and responsive to changing needs.
Major life events such as remarriage, the sale of significant assets, or the death of a named agent warrant immediate review of existing powers of attorney. These events can affect the suitability of an agent or require adjustments to the scope of authority. We advise clients on whether to amend or revoke documents and help implement changes to ensure continuous protection. Timely updates prevent gaps in authority and ensure that agents retain the appropriate powers when circumstances evolve, helping to avoid administrative complications for families and institutions.
If you decide to revoke or replace a Financial Power of Attorney, clear written notice must be given to the agent and to institutions that hold copies. A formal revocation document signed and notarized under California law provides the strongest protection against unauthorized use of the old power. We prepare revocation instruments, assist in notifying banks and other entities, and help execute new documents that reflect updated choices. Properly handled revocation and replacement reduce confusion and ensure that the currently intended agent has recognized authority to manage affairs.
A Financial Power of Attorney is a legal document that authorizes a trusted person to handle financial matters on your behalf. It can cover actions such as paying bills, managing bank accounts, selling property, handling insurance claims, and interacting with government agencies. The document enables continuity of financial management if you are temporarily unavailable or later unable to manage your affairs due to illness or incapacity. By naming an agent in advance, you can avoid the expense and delay of court proceedings to appoint a conservator. Having a power of attorney in place helps ensure bills are paid, mortgage and loan obligations are managed, and investments are overseen without interruption. It also provides a clear legal path for someone to act without the need for repeated permissions. Because institutions may have specific acceptance requirements, careful drafting and execution, along with timely delivery of copies to relevant banks and brokers, improves the document’s practical effectiveness when it is needed.
Choose an agent based on trustworthiness, judgment, availability, and willingness to perform the duties required. The agent should understand your values and financial priorities and be able to communicate with financial institutions, accountants, and family members when necessary. Proximity can be important for tasks requiring in-person interaction, though many matters can be handled remotely. It is common and prudent to name successor agents in case the primary agent cannot serve. Discuss expectations and provide written guidance so the agent understands what decisions to make and which limitations to observe. Consider whether you want to require periodic accounting, limit certain powers, or require co-agents for important decisions. These measures help protect your interests while allowing the chosen person to act effectively when needed.
A durable Financial Power of Attorney remains effective even if you later lose decision-making capacity. This avoids the need for a court-appointed conservatorship and allows a trusted agent to manage finances continuously after incapacity occurs. Durable language must be included in the document to make the power effective despite later incapacity. A springing power, by contrast, becomes effective only upon a specified triggering event, often the principal’s incapacity, which typically requires evidence or certification before the agent can act. While springing powers can provide reassurance that authority is not active until truly needed, they may create practical delays because institutions often require proof of the triggering condition. Durable powers are commonly used to ensure continuity. We advise clients on the tradeoffs and draft the language to match practical needs and institutional acceptance in California.
Whether an agent can move assets into a trust depends on the language of the Financial Power of Attorney and the terms of the trust. If the document expressly authorizes transfers to a revocable living trust and the trust terms permit such transfers, an agent may be able to move assets into the trust to consolidate management. However, some accounts and assets have beneficiary designations or other restrictions that prevent transfer without consent or additional documentation. Coordination between the power of attorney and the trust is essential to avoid conflicts. We recommend drafting explicit authority for trust transfers when desired and preparing any necessary certifications or supporting documents to satisfy institutions. This planning helps ensure transfers proceed smoothly and align with your overall estate planning goals.
Banks and financial institutions typically verify an agent’s authority by reviewing the executed power of attorney, checking notarization or witness requirements, and sometimes requesting institution-specific forms or certifications. Many institutions have their own acceptance policies and may require additional documentation before allowing transactions. Notarization and clear identification of the agent, along with any required certification of trust or account-specific authorization, facilitate acceptance. To reduce delays, provide certified copies of the executed document, notify institutions in advance, and confirm any additional forms required by the bank or broker. We help clients prepare the necessary paperwork and communicate with institutions to improve the likelihood that the agent will be recognized promptly when action is needed.
Yes, you can limit the agent’s powers and impose requirements such as periodic accounting, co-agents, or restrictions on certain transactions. Limiting authority may involve specifying permitted actions, placing dollar caps on transactions, or excluding certain assets from the agent’s control. Accounting requirements provide oversight and reduce the risk of misuse. While limitations can protect assets, overly restrictive provisions may hinder an agent’s ability to act quickly when needed, so careful drafting is important to balance protection and practicality. We advise clients on common safeguards, help draft clear limitations, and include successor agent provisions to ensure continuity. Clear language and practical safeguards make the power of attorney more likely to be accepted by institutions while preserving oversight appropriate to your circumstances.
If an agent misuses a Financial Power of Attorney, legal remedies are available, including civil actions to recover misapplied funds, removal of the agent, and reporting misconduct to relevant authorities. Criminal liability can also arise in cases of theft or fraud. Preventive measures such as requiring periodic accounting, appointing co-agents, or naming successors can reduce the risk of misuse and make it easier to detect improper activity early. Prompt action is important when misuse is suspected. Notifying institutions, seeking legal counsel, and obtaining a court order to restrain the agent can protect remaining assets. We assist clients and families in taking swift legal steps to address misuse and recover funds, and in implementing better safeguards to prevent recurrence.
You are not strictly required to hire a lawyer to prepare a Financial Power of Attorney in California, but legal assistance helps ensure the document is tailored to your needs, complies with statutory requirements, and is acceptable to institutions. DIY forms may be insufficient for complex assets, business interests, or situations involving multiple jurisdictions. A lawyer helps identify potential pitfalls and crafts language that reduces uncertainty and delays when the agent seeks to act. Legal guidance is particularly helpful when coordinating the power of attorney with trusts, wills, or retirement accounts, or when you want to include specific safeguards. We offer practical advice and document preparation to make sure your plan is reliable and institution-friendly.
Review your Financial Power of Attorney whenever significant life changes occur, such as marriage, divorce, death of a named agent, major changes in assets, or relocation to another state. Periodic review every few years is also wise to ensure the document aligns with current laws and institutional practices. Changes in family dynamics or health may make a previously chosen agent unsuitable, requiring updates to maintain effective management of finances. When updates are necessary, we help prepare revocations and new documents, notify institutions of changes, and ensure successor agents are correctly named. Regular review keeps your planning current and reduces the risk of confusion or gaps in authority when the document must be used.
If you are competent, you can revoke a Financial Power of Attorney at any time by creating a written revocation and notifying the agent and institutions that hold copies of the original. Revocation should be executed with the same formalities recommended for the power itself, such as notarization, to make it effective and to provide clear proof to third parties. Timely notification to banks, brokers, and benefit administrators helps prevent the former agent from continuing to act based on an outdated document. If you are no longer competent, revocation may not be possible and a court proceeding might be required to address any issues. That is why many people execute durable powers and keep their estate planning documents up to date while they retain capacity. We help clients draft, revoke, and replace documents to ensure their intentions are followed and institutions accept the current authority.
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