When Does a Power of Attorney Expire in Santa Clara County?

A Power of Attorney is a legal device that is used to give someone the power to act on your behalf if you are unable to. For example, if you have Alzheimer’s disease, there is a possibility that you will get to the point where it is no longer possible for you to make decisions. If a properly-drafted Power of Attorney (POA) is in place, this hand-selected person would step in for you. Without a Power of Attorney in place, the courts will decide whom that person will be through a very messy and costly process known as a Conservatorship.

I’m sure you will agree that you are in a much better position than the government is to decide who will speak for you. That’s why it’s important to have a Power of Attorney in place before something happens so there is never a need to involve the courts.

As far as logistics, a POA goes into effect the moment you sign it and will expire when you decide it will.

When you talk to your estate planning lawyer in Santa Clara, he or she will give you the options for termination. One option is to stipulate a certain termination date. For example, military personnel may choose to set up a Power of Attorney only for the period that they are deployed.

Every POA terminates upon the grantor’s death. This means that the person that you selected in your Power of Attorney would not be able to handle any financial matters on your behalf once you pass away. If you want to select the person that handles your affairs after you pass, you’ll need to name them the executor of your estate.

You can also cancel or revoke a POA at any time that you choose to. You can do so by destroying the original document and preparing a new one, or by preparing a revocation document that informs everyone involved that the POA is no longer valid.

Giving someone control over your financial matters should be well thought out. It’s best to speak to an experienced estate planning attorney in Santa Clara who can fully explain your options and help you select the one that works best for you.

If you would like to learn more about setting up a Power of Attorney, give our Santa Clara estate planning law firm a call at (650) 422-3313.