Meagan Silva is the second generation of lawyers at the Silva Law Firm. The benefit of a second generation lawyer in the firm will assure that we will be here in the future to assist your family in their time of need. One of the biggest mistakes we see is that a family will make a living trust and then fail to transfer the assets into the "name of the trust". For most folks, their most valuable asset is their home. As part of our services we will prepare the transfer deed and have it recorded at the hall of records. Patrick Silva is the founder of The Silva Law Firm. He has been helping clients with their Living Trust needs since 2001.
EXAMPLE OF LANGUAGE WE USE IN OUR POWER OF ATTORNEYS
SPRINGING DURABLE POWER OF ATTORNEY FOR FINANCIAL PURPOSES
WARNING TO PERSON EXECUTING THIS DOCUMENT:
THIS IS AN IMPORTANT LEGAL DOCUMENT. IT CREATES A DURABLE POWER OF ATTORNEY THAT BECOMES EFFECTIVE ON YOUR INCAPACITY AS HEREAFTER SET FORTH. BEFORE EXECUTING THIS DOCUMENT, YOU SHOULD KNOW THESE IMPORTANT FACTS.
1. THIS DOCUMENT MAY PROVIDE THE PERSON YOU DESIGNATE AS YOUR ATTORNEY-IN-FACT WITH BROAD POWERS TO DISPOSE, SELL, CONVEY, AND ENCUMBER YOUR REAL AND PERSONAL PROPERTY.
2. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH CARE DECISIONS FOR YOU.
3. THESE POWERS WILL EXIST FOR AN INDEFINITE PERIOD OF TIME UNLESS YOU LIMIT THEIR DURATION IN THIS DOCUMENT. THESE POWERS WILL CONTINUE TO EXIST NOTWITHSTANDING YOUR SUBSEQUENT DISABILITY OR INCAPACITY.
4. YOU HAVE THE RIGHT TO REVOKE OR TERMINATE THIS DURABLE POWER OF ATTORNEY AT ANY TIME.
POWER OF ATTORNEY TO BECOME EFFECTIVE
ONLY ON INCAPACITY OF PRINCIPAL
This durable power of attorney shall become effective only upon the incapacity of the undersigned principal. The principal grants the following persons the power to determine conclusively that the principal has become incapacitated and therefore that this power of attorney has become effective:
a. The principal's treating physician;
This springing durable power of attorney shall become effective when any two of the designated persons above execute written declarations under penalty of perjury that the principal does not have sufficient understanding or ability to make or communicate decisions about the principal's property, finances, or personal business.
The agent shall promptly attach such two declarations to this instrument. Any person may act in reliance on this instrument with two such declarations attached without liability to the principal or to any other person regardless of whether the principal is later determined to have become incapacitated.
No licensed physician designated above who executes a medical opinion of the principal's incapacity shall be subject to liability because of such execution. The principal hereby waives any privilege that may apply to release of information included in such medical opinion.
While the principal is not incapacitated, this durable power of attorney may be modified by the principal at any time by written notice given by the principal to the agent, and may be terminated at any time by either the principal or the agent by written notice given by the terminating party to the other party.
This power of attorney shall continue after the principal's incapacity in accordance with its terms.
On the death of the principal, this power shall terminate and the assets of the principal shall be distributed to the duly appointed personal representative of the principal's estate; or, if no estate is being administered, to the persons who lawfully take the assets without the necessity of administration when they have supplied the agent with satisfactory documents as provided by law.
TO WHOM IT MAY CONCERN:
MS. SMITH (the principal) presently a resident of San Bernardino County, California, hereby appoints MR. SMITH(the agent(s)), presently a resident of San Bernardino County, California, as the principal's true and lawful attorney-in-fact.
If the above-named agents are unable or unwilling to act, I designate MS. JONES to serve with all rights and responsibilities given to the original agent(s).
The attorney-in-fact shall act for the principal and in the principal's name, place, and stead:
1. To manage, control, lease, sublease, and otherwise act concerning any real property which the principal may own, collect and receive rents or income therefrom; pay taxes, charges, and assessments on the same; repair, maintain, protect, preserve, alter, and improve the same; and do all things necessary or expedient to be done in the agent's judgment in connection with the property.