Many LGBTQ+ individuals in Southern California want to make sure a trusted partner, friend, or chosen family member can legally step in to manage their finances if something unexpected happens. Without the right documents in place, even someone close to you may not have access to your bank accounts or the ability to handle urgent financial matters on your behalf.
Creating a Power of Attorney can give you peace of mind and control over who manages your finances if you’re ever unable to do so yourself, whether temporarily or long-term.
What Is a Power of Attorney?
A Power of Attorney is a legal document that allows you to choose someone you trust to manage your financial tasks on your behalf. This could include paying bills, accessing bank accounts, managing real estate, or dealing with taxes and government benefits.
In California, most people choose to create a Durable Power of Attorney. That means the authority you give your agent will continue even if you become incapacitated. Without this “durable” feature, your Power of Attorney would automatically end just when it’s needed most.
You also have flexibility in how it works. Your POA can take effect right away or only kick in if you’re determined to be unable to make decisions. You can give your agent broad powers or limit them to certain responsibilities.
Why LGBTQ+ Individuals Should Consider a POA
Legal planning is especially important for LGBTQ+ individuals. Many people rely on partners, friends, or chosen family relationships that might not be automatically recognized under the law, especially if you’re not married.
Without a valid Power of Attorney, someone else may be appointed to handle your finances, and it might not be the person you would have chosen.
Here’s why many LGBTQ+ clients decide to create a POA:
- To make sure their partner or trusted friend can legally access bank accounts, pay bills, and manage property
- To prevent estranged or unsupportive relatives from interfering
- To avoid court involvement and delays during a financial emergency
A POA lets you stay in control of who handles your affairs, no matter what happens.
Choosing the Right Agent
The person you name in your Power of Attorney is referred to as your agent. This should be someone you trust to act in your best interest, especially when it comes to financial matters.
When thinking about who to choose, ask yourself:
- Are they dependable and detail-oriented?
- Will they follow your instructions and respect your values?
- Can they stay calm and make decisions under pressure?
Your agent does not have to be a relative. Many LGBTQ+ individuals choose a partner, friend, or sibling who knows them well. It’s also smart to name a backup agent in case your first choice is unavailable.
How We Can Help You Create a Valid POA in California
California law has specific rules about how a Power of Attorney must be written and signed. Some documents need to be notarized, and the language has to clearly explain what powers are being granted.
Generic online forms may overlook important details or fail to accurately reflect your personal preferences. At OC Wills & Trust Attorneys, we take the time to create a Power of Attorney that’s legally valid and tailored to your unique situation.
We’ll help you:
- Decide what powers to include
- Choose the right timing (immediate or springing)
- Name a trustworthy agent and an alternate
- Make sure the document meets all California legal requirements
If you already have a POA, we can review it to ensure it’s still valid and reflects your current relationships and goals.
Common Mistakes to Avoid
Even a minor oversight can lead to significant problems down the road. Here are a few common issues we help clients avoid:
- Not making the POA durable, which means it would end if you become incapacitated
- Choosing someone because you feel pressured, not because they’re the right fit
- Assuming your partner can automatically access accounts or make decisions for you
- Failing to update your POA after a breakup, new relationship, or move
- Using outdated forms that don’t meet current California laws
Creating a solid, up-to-date Power of Attorney helps ensure your financial matters are in good hands, on your terms.
Serving the LGBTQ+ Community Across Southern California
We recognize that every family is unique, and each client has their own story. At OC Wills & Trust Attorneys, we proudly serve individuals and couples throughout Orange County and surrounding areas, including Irvine, Huntington Beach, and Costa Mesa.
Whether you’re updating an existing estate plan or starting fresh, we’re here to help you put the proper documents in place. Together, we’ll make sure your Power of Attorney reflects your wishes and protects the people who matter most to you.
Contact our team today to schedule a consultation and start planning with confidence.
