Exceptional Lawyers. Exceptional Results.

Our full-service Arizona law firm helps individuals and families cope with complex legal matters involving estate planning, wills and trusts, probate, personal injury, family law, and business law.

Tap to Call
Directions

General Power of Attorney in Arizona

General Power of Attorney

Who would step in if something unexpected happened and you couldn’t pay your bills or manage your property? In Arizona, a general power of attorney (POA) allows you to answer that question before a crisis occurs. This legal document gives someone you trust the authority to handle your finances, sign documents, and make crucial decisions while you are incapacitated.

At Brown & Hobkirk, PLLC we help Arizona residents create comprehensive estate plans designed to protect themselves and everything they’ve worked a lifetime to build. Drafting a general power of attorney document is a proactive step that ensures your financial matters stay in good hands if you’re temporarily or permanently unable to manage them. Whether you’re in the middle of the estate planning process or responding to a recent diagnosis or life change, our experienced power of attorney lawyers can explain your options clearly and help you build a plan that protects what matters most. Call now or complete our contact form for a free consultation.

What Is a General Power of Attorney?

A general power of attorney is a legal document that gives someone you trust — called your agent or attorney-in-fact — the authority to manage your personal, financial, and legal affairs. Their powers can include paying your bills, managing your bank accounts, handling real estate, and signing important documents on your behalf. The agent’s authority typically begins as soon as you sign the document. A general power of attorney typically remains in effect unless you revoke it or possibly become incapacitated. In Arizona, however, a general POA can also be durable, meaning it stays in effect even if you later become incapacitated.

Key Powers Granted Under a General POA

A general power of attorney document gives your chosen agent broad power over your affairs, including the legal authority to:

  • Access and manage your bank accounts
  • Pay bills and handle other day-to-day expenses
  • Manage real estate transactions, including buying and selling other property
  • Sign contracts or legal documents on your behalf
  • File and pay your taxes
  • Manage retirement accounts and other investments
  • Apply for government benefits, such as Social Security
  • Hire professionals like attorneys or accountants to assist with your affairs
  • Handle business matters if you own or operate a company

However, you can tailor a general POA to include exclusions if there are matters you wish for the agent not to handle.

When To Consider a General Power of Attorney

Life is unpredictable. You never know when something might happen that leaves you unable to manage your affairs. In general, there are some specific situations in which you should consider creating a general power of attorney, such as:

  • Planning for aging or declining mental capacity – As you age or face conditions that may affect your ability to manage your affairs (e.g., Alzheimer’s or dementia), having a general POA in place means that someone you trust can handle matters without court involvement.
  • Undergoing serious medical treatment – Medical procedures or extended recovery periods can leave you temporarily unable to manage your finances or make legal decisions. A POA lets your agent step in and keep things running smoothly until you are back on your feet.
  • Living or traveling abroad – Extended travel or temporary relocation can make it difficult to handle matters back home. Your agent can take care of bills, taxes, and property issues while you’re away.
  • Dealing with complex assets or business operations – If you have investments, rental properties, or run a business, naming an agent can give you peace of mind that someone you trust can act quickly and responsibly should something prevent you from managing these affairs.
  • Building a complete estate plan – Including a general POA in your estate plan helps protect you now, not just after you’re gone, since it prepares you for unexpected events like injury, illness, or sudden incapacity.

With an enforceable power of attorney in place, your family members don’t have to wonder about how you want your affairs managed. You can outline everything in the document, making the powers as broad or narrow as you wish.

Risks and Limitations of a General POA

A general power of attorney gives someone broad control over your finances and legal matters. That’s why it’s critical to choose your agent with care. If they are careless or dishonest, they could misuse your money or make decisions that go against your wishes. An experienced elder law and estate planning attorney can advise on what to look for when choosing a potential agent.

It’s also important to understand that a general POA ends if you become mentally incapacitated —unless you make it durable. Without a durable power of attorney, your agent can’t act on your behalf during a medical emergency or serious illness.

Additionally, some financial institutions may be hesitant to accept an outdated or unclear POA, which is why it’s advisable to update the document regularly. An experienced estate planning attorney can reduce these risks by drafting a POA that works the way you intend.

How to Create a General Power of Attorney

Arizona law specifies the following steps you must take to create a power of attorney:

  • You, your chosen agent, and any witnesses to the POA must be at least age 18 and of sound mind.
  • The document should clearly state your intention to create a power of attorney and identify your designated agent by name.
  • If you wish, the POA should include specific durable language as outlined by Arizona law.
  • You must choose a witness to oversee the signing of the POA. A witness cannot be your agent, the agent’s spouse, or a notary public.
  • You must sign the power of attorney or have another person sign it in your presence and at your direction if you cannot do so.
  • The POA must be notarized, meaning you and your witness must each sign an affidavit before the notary public.

Revoking or Amending a General Power of Attorney

You can revoke or modify a general power of attorney at any time, as long as you remain mentally competent. To revoke it, you should put the decision in writing, notify your agent, and inform any banks or institutions that relied on the original document. If you want to amend your existing one, it may be best to create a new POA and destroy the old version. An attorney can review any updates or revocations so that they are legally effective.

Contact Our Arizona Power of Attorney & Estate Planning Lawyers

If you need help drafting, modifying, or revoking a general power of attorney in Arizona, an experienced estate planning lawyer from Brown & Hobkirk, PLLC can assist you, so you have a document that conveys your wishes and complies with Arizona law. Call now or complete our contact form for a free case review.