What to Consider When Granting Someone Durable Power of Attorney

Since the durable power of attorney can have a profound effect on your health, business, and finances, granting a trusted friend or relative the durable power of attorney should be among your estate planning priorities. When looking at potential candidates, you should consider:

  • Whether an individual can be easily reached, by phone or in person, in the event you’ve been seriously injured or otherwise incapacitated
  • Whether an individual is willing to make important, potential life-and-death decisions
  • Whether an individual will make such decisions in accordance with your personal values and expectations

The Durable Power of Attorney Must Be 100% Clear

Your estate plan and power of attorney forms should contain clear, unambiguous language demonstrating that you have authorized a specific individual to act on your behalf. You should also know how to change your designation in the event of any unforeseen changes to your personal life such as a divorce or death.  

An experienced California estate planning attorney can advise you on what the durable power of attorney does, its uses, and limitations. They can also help ensure that your power of attorney forms are compliant with state law.


Philip J. Kavesh
Nationally recognized attorney helping clients with customized estate planning guidance for over 40 years.