Alan R. Horvath, Attorney at Law
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Making a Power of Attorney Work for You (cont.)
What if I just want to leave it to my agent’s discretion? (cont.)
You can certainly do this. In fact most standard form Power of Attorneys do just that. However, such a form can easily result in
too much power being granted and too little direction given. If you provide specific directions, they are enforceable by a court. If
all you provide is authority, then the court has no choice but to assume ANYTHING done by your agent meets with your approval.
An agent may have to: Pay your bills
Insure that money owed you is received
Arrange for any home care you need
Decide if, when, and where you should be moved if you have problems getting along on your own.
Your agent will have to be able to access your assets to provide for your needs. He will need to know which assets you want to
reserve if possible, and which are to be used for your expenses. In the lack of any directions, he will just have to make his own
choices.
Not only may you want to give your own directions, a potential agent may be unwilling to assume the responsibilities involved in
an agent relationship without any guidance from you.
Phone: 209 754-5291
Fax: 209 754-5293
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ahorvathlaw@sbcglobal.net
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P.O. Box 81
37 Main St., Suite 202
San Andreas, CA 95249