Creating a Lasting Will & Power of Attorney

Table of Contents

• How Do I Make My Own Will?
• Cost of Power of Attorney in California
• Requirements for Will to Be Valid in California
• Disadvantages of Power of Attorney

How Do I Make My Own Will?

Making a will is an important step in protecting yourself and your family in the event of your death. There are many ways to make a will, and the process varies by state. Generally, you must have the document formally witnessed, dated, and signed. However, it is important to note that there are additional requirements in some states. The best way to ensure you create a valid will is to consult a lawyer or estate planning specialist.

If you choose to make a will without the help of a professional, you should research the state laws in the place you call home. You can also find many online resources that provide guidance and templates to help you create a legally-binding will.

Cost of Power of Attorney in California

The cost of creating a power of attorney in California varies. The cost depends on the complexity of the document, the attorney’s rates, and other factors. Generally, a power of attorney in California will cost between $150 and $300 if prepared by a lawyer.

It is important to note that forms for a power of attorney in California can be found online and in stores. While these forms are often less expensive than hiring an attorney, it is important to be aware that you may be unknowingly signing an invalid document and not be able to enforce your wishes.

Requirements for Will to Be Valid in California

In California, a will must meet certain requirements in order to be legally binding. The will must be in writing and signed by the testator (the person making the will) and two witnesses. The witnesses should not be related to the testator and must sign in the presence of the testator as well as each other. The witnesses do not need to understand the contents of the will, but they must have knowledge that the testator is signing the document.

Additionally, the testator must be of sound mind and at least 18 years old. Also, any will the testator makes must revoke any prior wills they have made.

Disadvantages of Power of Attorney

A power of attorney allows an individual to make decisions for another person. While this may be a good solution for someone who is incapacitated, it also has certain drawbacks.

One of the biggest disadvantages of a power of attorney is the lack of control. The person granting the power of attorney is essentially handing over control of their finances and other important decisions to another person. This can be a risk if the person granted the power of attorney is not responsible or is not acting in the best interest of the grantor.

Additionally, powers of attorneys expire when the grantor dies or becomes incapacitated. This means that the document is no longer valid and the grantor’s wishes are not guaranteed to be followed. It is important to plan ahead to ensure that the grantor’s wishes are respected after their death.