Our Fiduciary Services

What Are Powers of Attorney?

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Imagine you’re 54 and life’s going really well, but then something happens - like you get injured or really sick - and you can’t handle your own stuff anymore, like paying bills or talking to doctors. A power of attorney (POA) is a paper you sign that says, “Hey, I trust this person to make decisions for me if I can’t.” It’s like giving someone a backup key to your life. Typically, when creating a trust and will, you'll handle Powers of Attorney as well. 

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Two main types of POA

• Financial POA: This lets someone manage your money - paying rent, handling bank accounts, or selling your car.

• Healthcare POA: This lets someone decide on medical tasks for you - the treatments you get if you’re unconscious or too sick to talk.

 

You pick who gets this power (called your “agent” or “attorney-in-fact”), and it can start right away or only kick in if you’re unable to decide for yourself (like if you’re in a coma). You can cancel it anytime as long as you’re still sharp enough to say so.

 

What is this Advanced Healthcare Directive thing?​

• Advance Health Care Directive (AHCD): This is California’s main health care planning tool. It’s like a two-in-one deal: you can name someone to make decisions (the “agent”) and write down what you want (like “no breathing machines”). It’s covered under the California Probate Code (Sections roughly 4600-4806).

• Durable Power of Attorney for Health Care (POA): This just names someone to make medical decisions for you if you can’t. It doesn’t include a spot for your wishes unless you add them separately. It doesn't need to be part of the AHCD. In California, this is typically included as part of the AHCD form when you fill out the “agent” section and is standard practice in general.

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Please see more information below in the pictures of different types of healthcare documents. In a nutshell though, the AHCD above also includes the Durable POA for Health Care. 

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How Can Jeff, a California Licensed Professional Fiduciary, help?

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A California licensed professional fiduciary is like a pro version of that trusted person. They’re trained, licensed by the state (through the Professional Fiduciaries Bureau), and know how to handle big responsibilities. They’re not just random family members—they’ve got rules to follow and have to act in your best interest.

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Here’s what I can do for clients with a POA:

• Money Manager: If I have financial POA, I can pay your bills, deal with your taxes, manage your investments, or even sell your house if needed - like if you’re stuck in a hospital and can’t do it yourself.

• Health Advocate: With a healthcare POA, I can talk to doctors, pick treatments, or decide where you recover (like a nursing home) if you’re out of it.

• Neutral Helper: I'm not family, so I don’t play favorites. If your relatives are fighting over what to do, I will make calm, fair calls - I act in your best interest and honor as best as possible what you would have wanted to happen. I got your back.

• Paperwork Pro: I will handle all the legal (can be boring!) stuff - like filing forms or dealing with insurance - so your family doesn’t have to. You know that 'tax time omg there goes my week' feeling? Let's not let anyone go there - I'll tackle that one so no one else has to.

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An example:

For example, let's say one of your parents starts developing dementia :( and can’t manage her savings. She names a fiduciary as her agent with a POA. The fiduciary will step in, pay her bills, make sure her rent’s covered, and talk to her doctors about care - all while keeping everything legit and above board.