We are staffed to come out to your Hospital or nursing home to help you and your love ones get their legal documents signed.
Power of Attorney
A general power of attorney which governs all powers covered by a power of attorney (like buying or selling property or otherwise managing one’s assets). However, the specific language of a power granted will depend on the document. The powers in a power of attorney are specific especially when custom drafted (which they ideally should be). The agent needs to check the power of attorney document to see if the necessary powers have been granted.
A limited or special power of attorney which refers to less than all powers. For example, a power of attorney could be drafted which only grants the power to conduct a real estate sale for the title of one property.
In California’s Probate Code there are exceptions to the rule about what powers a general power of attorney grants. Although this can vary by state, “in California if certain powers are not expressly written in the general power of attorney then they still don’t exist,” Furman explains. “For example, the power to gift, the power to create a trust on behalf of the principal, the power to disclaim a gift — if these powers are not expressly written in the general power of attorney then they don’t exist — even with a “catch all” clause in the document, such as a phrase saying “all other powers are granted,” they don’t exist unless they are specifically written in,” he says.
A Health Care Advanced Directive (HCAD) allows an agent to make medical decisions for the principal. This document is meant to give guidance for the principal’s health care (about the principal’s wishes to remain on or off life support, for example).
A Physician’s Order Regarding Life Sustaining Treatment (POLST) is not a power of attorney. This document is a directive for first responders and doctors who need to know the principal’s resuscitation wishes in an emergency situation.