When the documents name an agent, and the moment has arrived.
A power of attorney names someone to handle finances when the principal cannot.
Accepted selectively, depending on the circumstances of the matter.
When you'd come to us for this.
- You drafted a power of attorney years ago naming a sibling who has since moved, become unwell, or simply admitted they cannot take it on. The power of attorney needs a clean successor agent, named in advance, so the document actually works when the moment comes.
- The principal under a financial POA has lost capacity and the named family agent is overwhelmed. The bank is rejecting the document. Bills are being missed. We can step in as successor agent, or as co-agent, to do the operational work.
What the role involves.
The document. The role is created by a durable power of attorney for finance. We read the document carefully before we accept the role. The document defines our authority — broader or narrower as drafted — and our obligations.
Activation. Some POAs are effective immediately on signing (an "immediate" POA); some activate only on a determination of incapacity (a "springing" POA).
The ongoing role. Records management. Account access. Bill payment. Real-property handling. Income-tax filings for the principal. For most principals, this is the bulk of the work — the steady, accurate, monthly rhythm of someone else's finances.
End of role. A POA terminates at the principal's death under Probate Code §4152. We close cleanly — final accounting, written notice to the next person in line, written confirmation that we are no longer acting.
What this costs.
Agency roles are billed hourly. The cost depends on activity. A professional financial POA agent for a stable principal with a quiet portfolio bills a few hours a month. All hourly rates and billing categories are disclosed in writing in the engagement letter, consistent with AB 1194 §6563, and posted on our fee schedule.
Deciding whether to plan ahead with a power of attorney, or facing a situation where capacity is already gone? Our guide to power of attorney versus conservatorship in California explains the difference between authority you grant in advance and authority a court imposes.
If what you want is the durable form specifically, our guide to a durable power of attorney in California covers the durability language the Probate Code requires and the immediate-versus-springing choice; and if you are worried an agent is overstepping, who can override a power of attorney explains who actually has the standing to step in.
How working with FCMS begins.
- Initial consultation and assessment of the proposed role.
- Review of authority, documents, and engagement requirements.
- Formal acceptance and commencement of responsibilities.
- Ongoing administration, communication, documentation, and reporting as required by the appointment.
Consultations are by appointment and held in strict confidence.
Or call 760-33-TRUST (760-338-7878) directly.
Discretion and confidentiality are fundamental to our practice. Information submitted through this form is kept private and used solely for purposes of communication regarding potential fiduciary services.
