Are you looking for a power of attorney lawyer in Los Angeles, CA?
At The Werner Law Firm, PC, we encourage you to schedule a consultation with an experienced Los Angeles power of attorney lawyer today.
If you own a home, operate a business, or hold investment accounts in Los Angeles, a durable power of attorney determines who can manage those matters if you become incapacitated. Selecting that person now, and defining the limits of the agent's authority, keeps those decisions with you rather than with a court.
Our Los Angeles, CA power of attorney lawyer prepares durable powers of attorney that give your agent the specific authority your accounts, property, and business interests require. The Werner Law Firm, PC has represented California clients since 1975, and our attorneys meet with clients in English and Spanish. We offer a free initial consultation, which you can arrange by contacting our Los Angeles office.
Los Angeles is home to 67,714 veterans, according to U.S. Census Bureau data. Many of them receive VA benefits that an agent under an ordinary power of attorney cannot manage, because the VA appoints its own fiduciary when a beneficiary is no longer able to handle those payments.
A power of attorney is a written authorization that allows a person you select, called your agent, to act for you in financial and legal matters. A durable power of attorney continues in effect if you later lose the capacity to manage your own affairs. Our power of attorney lawyers in Los Angeles identify which of your accounts and benefits the document will cover and which require a separate authorization from the institution or agency involved.
The authority a client needs depends on what he or she owns and which institutions hold those assets. The matters our Los Angeles power of attorney lawyers handle include the following.
Durable financial powers of attorney. We define the agent's authority over bank accounts, investments, real property, and tax filings. Each provision allows the agent to act without a court order.
Business continuity authority. Business owners need an agent who can sign contracts, pay employees, and make operating decisions. We coordinate that authority with the company's governing documents as part of business owner planning.
Federal tax representation. The IRS uses its own authorization form for representation before the agency. We explain when your agent will need that form in addition to the durable power of attorney.
Social Security and veterans benefits. The Social Security Administration and the VA each have their own appointment processes, such as a representative payee or a VA fiduciary. We advise families on those procedures so they understand how benefit payments will be managed.
Health care powers of attorney. A health care agent makes treatment decisions for you when you are unable to do so. We review the agent's responsibilities with you before you finalize the appointment.
Review and revocation of existing documents. An older document may name an unsuitable agent or omit authority that institutions now require. We revise outdated documents and prepare revocations when needed.
Living trusts. Your successor trustee controls trust assets, and your agent handles property held outside the trust. We draft both appointments so that every asset is covered by one or the other.
Trusts. An agent may need authority to fund an existing trust or to deal with a trustee on your behalf. We add that authority when your plan calls for it.
Wills. A power of attorney ends at death, and your executor then administers your estate as your will directs. We explain the distinction between agent and executor roles so that family members know when each one applies.
Probate. Property titled in your individual name may still require court administration after death. Our attorneys represent executors and families in Los Angeles probate matters.
Troy Werner reviews powers of attorney that clients signed years ago and identifies authority that is missing, outdated, or likely to be questioned by a financial institution. He is certified through the State Bar's legal specialization program as a Specialist in Estate Planning, Trusts, and Probate Law and has practiced for 17 years. Christian Legal Aid of Los Angeles recognized his volunteer work in 2023 with its Pro-Bono Attorney of the Year award, and he was named one of the top 40 individuals under 40 in his community.
L. Rob Werner was named Best Attorney in the Los Angeles Daily News Readers' Choice Awards and has practiced law for five decades. His professional memberships include the American Arbitration Association and the Los Angeles Bar Association. Our Los Angeles office is located on National Boulevard. During the same engagement, clients can also have an existing will or trust reviewed by an estate planning lawyer in Los Angeles, CA at our firm.
A complete plan assigns authority in several distinct areas, and each area may require its own document. The financial power of attorney is usually the central document, and our Los Angeles, CA power of attorney lawyers supplement it with the following provisions and authorizations.
Financial authority. Covers banking, investments, real estate, and tax filings, and is typically granted in a durable power of attorney.
Health care authority. Covers medical treatment decisions and access to medical records, and is granted in an advance health care directive.
Federal agency authorizations. Separate forms or appointments that allow a representative to act before the IRS, the Social Security Administration, or the VA.
Successor agent provisions. Name a backup who may act if the first agent resigns, dies, or becomes unable to serve.
Compensation and reporting terms. State whether the agent may be paid for the work and how often the agent must account for transactions.
Information about your accounts, benefits, and business interests allows us to identify every area in which your agent may need authority.
Extractos recientes de cuentas bancarias, de valores y de jubilación
Information about any Social Security, pension, or VA benefits you receive
Your most recent income tax return
Operating agreements, partnership agreements, or other records for any business you own
Copies of estate planning documents you have already signed, including any earlier power of attorney
We use these materials to recommend the documents your plan requires, and we provide a written fee quote during the consultation.
An agent under a power of attorney is a fiduciary. The agent must act in your interest, keep your funds separate from his or her own, and maintain records of every transaction made on your behalf. Several federal agencies do not accept a private power of attorney for benefit payments or agency proceedings, so the document should be paired with the appropriate agency authorizations.
Authority to make gifts, change beneficiary designations, or create and amend trusts carries the greatest potential for misuse, so a power of attorney lawyer in Los Angeles, CA should recommend it only when the client's plan requires it. We often limit such powers to specific amounts or recipients.
Many clients name an adult child as an agent. When other children are involved, the document can require the agent to share account statements with them on a regular schedule. A carefully drafted power of attorney is also the most direct way to avoid court-appointed guardianship, known in California as conservatorship, for an adult who has lost capacity.
We generally prepare and finalize a power of attorney within several weeks of the first meeting. Agency authorizations can take longer, because each agency follows its own review process.
Consultation and review of your financial information
Recommendation of the documents and authority your plan requires
Drafting of each document and your review of the drafts
Signing with notarization or the required witnesses
Guidance on any separate IRS, Social Security, or VA authorizations your agent will need
Clients should revisit the document after a change in marital status, the sale of a business, or the death or relocation of a named agent.
The following agencies explain the separate procedures that apply to federal benefits and taxes, as well as local services for older Angelenos.
The Social Security Administration's representative payee FAQ explains that a power of attorney generally does not authorize someone to manage Social Security benefits and describes how to apply to serve as payee.
The IRS provides Form 2848 for appointing a representative to act on your behalf in federal tax matters.
The Department of Veterans Affairs operates a fiduciary program that appoints a fiduciary when a beneficiary can no longer manage VA benefits.
The City of Los Angeles Department of Aging coordinates senior centers, wellness and safety programs, and other services for older residents.
The authority your agent will have depends on the precise language of your power of attorney. Contact us to schedule a free consultation with a Los Angeles power of attorney lawyer. During that meeting, we will examine your financial and benefit information, explain which powers your agent should hold, and quote the cost of the work.
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