As you age, you should consider this question: what will happen if you or your loved ones are
no longer able to make medical, financial or legal decisions for yourselves? It is exceedingly
important that anyone who is 18 years of age or older and of sound mind and body gives
another person a “Power of Attorney” so that he/she can make those decisions when you no
longer can. This person may be given very broad powers or limited powers. The person
appointed is known as a “power of attorney agent” or “attorney-in-fact.” It is imperative to
name someone whom you trust and who understands your wishes. You may structure your
power of attorney so that it takes effect in one of two ways: (1) immediately and remains in
effect after your incapacity (“durable”), or (2) upon your incapacity (known as a “springing”
power of attorney). Finally, it is essential to remember that a power of attorney applies only
when an individual is alive. Once a person is deceased, the terms of an individual’s will or trust
dictate how financial and other matters are handled. Creating a clear and unambiguous Power
of Attorney is essential. Christina Malyan of Malyan Law with each client to ensure that his/her
Power of Attorney accurately captures his/her wishes. For a free consultation, contact Malyan
Law at (818) 638-0082.
