Useful Durable Power of Attorney Provision.

Most standard Durable Powers of Attorney prepared should have an enumerated power for someone to act on your behalf regarding your right to receive proceeds from a trust, estate or other related beneficiary transaction. 

How this works:

Let's say you are disabled, incapacitated or recovering from an illness and you are now the beneficiary for someone else's trust or estate with issues requiring your attention.

For example, your interest as a beneficiary in someone else's trust or estate is being compromised or is not handled properly. You can have your attorney-in-fact under your Durable Power of Attorney handle all matters involving your interest as a beneficiary to include but not limited to receiving funds, requesting funds and handling lawsuits on this matter.

Thus, a Durable Power of Attorney is a very powerful document. It's something that everyone should have in place. This power is one of the many powers enumerated in a Durable Power of Attorney. Remember, your Durable Power of Attorney can be effective immediately or upon your incapacity as determined by a court or two licensed medical doctors.

This is what the enumerated power should include:

1.9. Estate, Trust, or Other Beneficiary Transactions. I give my attorneys in fact all of the powers listed below in this paragraph so that my attorney in facts may act for me in all matters that affect a trust, probate estate, guardianship, conservatorship, escrow, custodianship, or other fund from which I am, may become, or claim to be entitled, as a beneficiary, to a share or payment, whether such matters deal with property located in this state or elsewhere. The powers described in this paragraph do not include the power to create, modify, or revoke trusts.

(a) Payments. Accept, reject, disclaim, receive, receipt for, sell, assign, release, pledge, exchange, or consent to a reduction in or modification of a share in or payment from the fund.

 
(b) Claims. Demand or obtain by litigation or otherwise money or other thing of value to which I am, may become, or claim to be entitled by reason of the fund.

 
(c) Participation in Proceedings. Initiate, participate in, and oppose litigation to ascertain the meaning, validity, or effect of a deed, will, declaration of trust, or other instrument or transaction affecting my interest.

 
(d) Removal of Fiduciary. Initiate, participate in, and oppose litigation to remove, substitute, or surcharge a fiduciary.

 
(e) Investments and Disbursements. Conserve, invest, disburse, and use anything received for an authorized purpose.

 
(f) Transfer to Revocable Trust. Transfer an interest of mine in real property, stocks, bonds, accounts with financial institutions, insurance, and other property to the trustee of a revocable trust created by me as settlor.

 
(g) Contingent Interests. Convey or release any contingent or expectant interests in property, including marital property rights, and any rights of survivorship incident to joint tenancy or tenancy by the entirety.

 
(h) Probate Code Section 13502 or 13503 Election. Make any election or election and agreement referred to in California Probate Code Section 13502 or 13503.