Are you looking for a power of attorney lawyer in Pasadena, CA?
At The Werner Law Firm, PC, we provide trusted power of attorney counsel for individuals and families throughout Pasadena.
If you are concerned about who would manage your finances if you became unable to do so yourself, a durable power of attorney allows you to choose that person in advance. Without one, your family may need to petition a court before anyone can pay your bills, access your accounts, or sign documents on your behalf.
Our Pasadena, CA power of attorney lawyer drafts financial and health care powers of attorney that define who may act for you, what that person may do, and when the authority takes effect. Our Pasadena office is one of ten firm locations across Southern California. Your initial consultation is free. Contact us to schedule a meeting with our attorneys.
The median value of an owner-occupied home in Pasadena is $1,093,300, according to Census Bureau figures. Without clear written authority, an agent generally cannot sell, refinance, or transfer a home on the owner's behalf, even when the owner is incapacitated and the matter is urgent.
A power of attorney is a legal document in which one person, the principal, authorizes another person, the agent, to act on the principal's behalf. A durable power of attorney remains effective if the principal loses capacity, which is when it is most often needed. A power of attorney lawyer in Pasadena defines the scope of that authority in writing so that banks, title companies, and other institutions can rely on it.
Most clients need authority that covers both financial and medical decisions, and each document must be drafted for the assets and relationships involved. Our Pasadena power of attorney lawyers handle the following matters.
Durable financial powers of attorney. This document authorizes your agent to pay bills, manage accounts, file taxes, and handle real property. It remains in effect if you lose capacity, so your affairs can be managed without court involvement.
Springing powers of attorney. A springing power of attorney takes effect only upon a stated event, usually a physician's determination of incapacity. We explain whether this added safeguard is worth the delay that obtaining a physician's determination can cause.
Limited powers of attorney. Some clients need authority for a single purpose, such as completing a real estate sale while traveling. A limited power of attorney grants only the authority required for that purpose.
Retirement account authority. Many institutions require specific language before an agent may act on an IRA or 401(k). We include express language for retirement account management when your plan requires it.
Living wills. A health care power of attorney, included in an advance health care directive, appoints the person who makes medical decisions for you. We prepare it alongside your financial power of attorney so that each agent's responsibilities are clearly defined.
Living trusts. A successor trustee manages trust assets, while your agent manages assets held outside the trust. Coordinating both appointments prevents gaps in authority.
Trusts. A power of attorney can authorize your agent to transfer assets into an existing trust. We include that authority when it serves your overall estate plan.
Wills. An agent cannot change your will, and the agent's authority ends at your death. At that point, your executor assumes responsibility for your estate under the terms of your will.
Probate. Assets held in your individual name may require probate after death, even if you had a power of attorney during your lifetime. Our attorneys represent families when probate is required.
An agent can act effectively only when he or she understands the authority the document grants. As power of attorney lawyers serving Pasadena, we advise clients in English and Spanish and explain the agent's responsibilities to both the principal and the person who will serve. Troy Werner is certified by the State Bar of California as a Specialist in Estate Planning, Trusts, and Probate Law. He earned his undergraduate degree from the University of Pennsylvania in 2007, has practiced for 17 years, and is licensed in both California and Texas.
L. Rob Werner completed his undergraduate studies at California State University, Northridge in 1972 and received his law degree in 1975, the year he founded the firm. He has practiced for 50 years and is a member of both the Los Angeles Bar Association and the San Fernando Bar Association. Clients who retain us for a power of attorney also have the services of an estate planning lawyer in Pasadena, CA, so the agent's authority can be drafted to work with the client's will, trust, and health care directive.
Each document serves a defined purpose, and many clients sign more than one.
Durable power of attorney for finances. Authorizes an agent to manage money and property and remains effective if you lose capacity.
Springing power of attorney. Becomes effective only after a stated condition, typically a written determination of incapacity.
Limited power of attorney. Grants authority for a specific transaction or period.
Health care power of attorney. Appoints an agent for medical decisions, generally as part of an advance health care directive.
Revocation. A written document that cancels a prior power of attorney. A copy should be delivered to the former agent and to any institution that relied on the original.
Several of the types of power attorneys available in California can be used together. The right combination depends on your assets and the people you plan to appoint.
Most clients complete the process in a matter of weeks, depending on how quickly they review the drafts. The work generally proceeds in the following stages.
An initial consultation to review your assets, your family circumstances, and your choice of agent
Preparation of draft documents for your review
A signing appointment before a notary or the required witnesses
Delivery of copies to your agent and, where appropriate, to your financial institutions
If your health is declining, we can schedule the signing on an expedited basis, provided you still have the capacity to understand the document. We also recommend reviewing the document after a marriage, divorce, move, or any change in your relationship with your agent.
The quality of a power of attorney depends on precise drafting and a well-considered choice of agent. Our Pasadena, CA power of attorney lawyers address each of the following points with clients before they sign.
Scope of authority. Gifting, trust funding, real estate transactions, and retirement accounts often require express language. Authority that is not written into the document may not be recognized.
Choice of agent and successor. Your agent should be financially responsible and available. Naming a successor agent provides continuity if the first choice cannot serve.
Institutional acceptance. Banks and title companies review these documents closely, and some decline to rely on older or generic forms. Current, specific drafting reduces that risk.
Family oversight. Requiring the agent to provide periodic accountings to another family member can prevent disputes among siblings over how funds are handled.
Planning before incapacity. A power of attorney must be signed while you have capacity. Without one, family members may need to seek a court-supervised conservatorship, a process that is slower, more expensive, and a matter of public record.
The following information allows us to determine the authority your agent will need.
A list of bank, investment, and retirement accounts, along with the institutions that hold them
Deeds or other records for real property you own
Names and contact information for your intended agent and successor agent
Any existing power of attorney, will, or trust
At the end of the consultation, we outline the powers your agent will need and quote the cost of preparing the documents. Our power of attorney lawyers in Pasadena will also identify any records that are still missing and explain how to obtain them.
The following public agencies provide guidance to agents and to the older adults who appoint them.
The Consumer Financial Protection Bureau publishes guides for named agents that explain an agent's duties when managing someone else's money and property.
Los Angeles County Aging and Disabilities operates Adult Protective Services, which investigates suspected financial abuse of older and dependent adults in Pasadena and throughout the county.
The county Department of Consumer and Business Affairs maintains a Smarter Seniors program with information on scams and financial exploitation that target older residents.
A durable power of attorney allows the person you choose to manage your affairs without court intervention. Contact us to schedule a free consultation with a power of attorney lawyer in Pasadena, CA. During the consultation, we will review your assets and any existing documents, explain the authority your agent will need, and quote our fee before any work begins.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship! See full disclaimer here.
