858.792.5988

Serving San Diego for over 35 Years

Clients, Colleagues, and Friends,

I retired on Dec. 31, 2019, and officially closed my office, after 42 years of practicing law. I thank you all for your confidence in me and your friendship over the years. My colleague David Dufek who has shared the suite with me for the past two years is taking over my practice and will have all client files. Not only will David be taking over the practice, he remains in the suite and is taking over my fax and phone lines. You are free to leave your files with David or pick them up. David's practice like mine includes will, trusts, and probate, as well as personal injury work. He also does landlord - tenant work and debtor - creditor matters including bankruptcy.

I wish you all the best.

Alex

How to Use a General Durable Power of Attorney

If you have been named as an agent under a general durable power of attorney, your job is to carry out the instructions in the power of attorney document.  If you have questions about serving as agent, please feel free to call our office at (858) 792-5988 for a consultation.  We’d be happy to guide you through the process.

In the meantime, here is some general guidance to get you started.

  • First, be sure that the power of attorney is effective.  Most power of attorney documents are effective immediately when signed; however, some “spring” to life upon the disability of the principal (the person who signed the power of attorney).
  • Second, read the power of attorney document so you understand what authority you actually have.  Most powers of attorney will be very general, granting you wide powers; however, some have a limited scope.
  • Third, keep good records of all your actions, especially any and all financial transactions.
  • Fourth, always keep your assets separate from the principal’s assets, never commingle.  It’s okay to be reimbursed for your expenses in serving as an agent, but make sure each transaction is fully documented.
  • Fifth, when presenting the power of attorney document to a financial institution or other entity to show authority, have the entity copy the power of attorney document; don’t give away originals.  Once the principal is incapacitated, he or she will not have the legal capacity to execute more documents.  If you run out, a conservatorship process may be required.
  • Seventh, if the principal dies, stop using the power of attorney immediately.  You no longer have authority to act under this document.

If you have been named as an agent in a power of attorney or you would like to execute an up-to-date, legally valid power of attorney, call our office for a consultation.