3 Power of Attorney Mistakes and How to Avoid Them | Bay Area Estate Planning Lawyers

The power of attorney is one of the most important documents in your estate plan, but there are some common mistakes that could render it ineffective. Knowing how to spot these mistakes is key to making sure that you get the most out of your power of attorney and all the benefits it provides. Here are three of the most common mistakes that Bay Area estate planning lawyers see people make with their power of attorney documents and what you can do to avoid them:

1. Creating a Too-Limited Power of Attorney

One common mistake is underestimating what you’ll need a power of attorney to actually do for you. Many people assume they’ll only need it so a loved one can help pay some bills or take care of complicated finances. But what happens if you become incapacitated and need nursing home care and your house needs to be sold to pay for that care? If your power of attorney does not provide for real estate property transactions, then your loved ones will have a very hard time getting things settled. You should make sure that your power of attorney covers the following items at a minimum:

• Real estate property
• Digital property
• Investments
• Tangible personal property
• Bank and financial accounts
• Taxes
• Business dealings

2. Adding a Loved One as Joint-Owner on an Account

You might think you can use an easy loophole—adding a loved one to your bank account—to avoid having to create a power of attorney. Sure, your loved one will then have access to the account and will be able to pay bills and make transactions as needed, just as they could do with a power of attorney. But the issue is that once you make that loved one a joint owner on the account, that account effectively becomes their property. It is open to their creditors and automatically becomes their property when you pass away; not to mention, you will have to include the account as part of their estate if they should pass before you. Using a power of attorney is a much simpler way to let someone else handle your financial affairs.

3. Not Using Your Power of Attorney

This may seem like a no-brainer, but there are plenty of people who make a power of attorney document and stick it in a safe or a desk drawer without ever telling anyone about it. Your banks and financial institutions will have no idea about it and could give some trouble to your loved ones when they present it—that is, assuming your loved ones even know where to find the document. To avoid this, make sure your loved ones know where to find your documents if they ever need them, and you may even consider sending copies to your bank and other financial institutions where you do business.

If you have more questions about your power of attorney, or if you’d like to create a new power of attorney as part of your estate plan, please contact us at (650) 422-3313 to set up a consultation with one of our Bay Area estate planning lawyers.