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Durable Power of Attorney in Arizona

Durable Power of Attorney

Life is unpredictable. You never know when a sudden accident or illness might leave you unable to make key decisions for yourself. It’s always wise to prepare for the worst while hoping for the best.

One way to prepare for the future is by designating an individual to make financial, medical, and other decisions on your behalf if you become disabled or incapacitated. In Arizona, a Durable Power of Attorney is a legal document that can outline these wishes for you.

State law dictates how a Durable Power of Attorney should be drafted and structured. Getting the details right is essential so that your Durable Power of Attorney is legally enforceable. The Power of Attorney lawyers at Brown & Hobkirk, PLLC have helped people in the Phoenix area with estate planning matters for more than 20 years. Our power of attorney lawyer can help you draft a Durable Power of Attorney that outlines your wishes and gives you peace of mind. To learn more, call our office or visit our contact page today for a free initial consultation.

What is a Durable Power of Attorney?

The Arizona Revised Statutes (Section 14-5501) provides a concise definition of a Durable Power of Attorney. In short, a Durable Power of Attorney is a document that designates someone as your legal agent. This gives them the authority to make a wide range of decisions for you if a disability or other circumstance leaves you incapable. Depending on your wishes and how much power you want your agent to have, a power of attorney durable can be fairly broad or more narrowly tailored.

General Durable Power of Attorney

A General Durable Power of Attorney authorizes your agent to make critical decisions covering many areas. This can include:

  • Buying and selling your property
  • Managing your finances, including your bank accounts, investments, and bills
  • Paying your taxes
  • Applying for government benefits
  • Making medical decisions for you, including decisions regarding your end-of-life care

Depending on the language of the document, a General Durable Power of Attorney can take effect immediately after being signed or only after you become incapacitated.

Special Durable Power of Attorney

In contrast to a General Durable Power of Attorney, a Special Durable Power of Attorney is more narrowly focused. For example, it may state that your agent can only make decisions regarding your medical care or that they are solely responsible for managing your financial affairs.

You can tailor a Special Durable Power of Attorney to include or exclude any decisions you want. Similar to a General Durable Power of Attorney, it’s important to make sure a Special Durable Power of Attorney includes language stating it will take effect after you’ve become incapacitated.

Creating a Durable Power of Attorney

Here are the key steps involved in creating a Durable Power of Attorney:

Choose someone to make decisions on your behalf: Because the person you choose as your agent will potentially have broad decision-making authority concerning your affairs, be sure to select someone trustworthy who understands your wishes. Talk to them before drafting the power of attorney to make sure they’re comfortable making decisions for you.

Decide what powers you want your agent to have: Do you want your agent to have broad discretion over your affairs, or would you prefer to limit their powers? These are essential questions to ask with huge ramifications. A Durable Power of Attorney lawyer at Brown & Hobkirk, PLLC can advise you as you make these considerations.

Ensure the Durable Power of Attorney is properly signed and witnessed: An attorney can ensure the power of attorney is worded correctly and verify that you understand all of its provisions. Once you’re satisfied with the document, you’ll need to make sure it’s properly signed and witnessed. If this is not done correctly, the document will be deemed invalid, leaving your loved ones in a difficult position if you become incapacitated.

Give a copy of the Durable Power of Attorney to your designated agent: Without the official form, your agent will be unable to review or make the decisions you want.

Keep a copy of the form for yourself and your attorney: As an extra form of insurance, retain a copy of your Durable Power of Attorney for yourself in a secure place, such as a fireproof safe in your home. You’ll also want to file a copy with a trusted attorney as a final backup.

Update your power of attorney as needed: As your life situation changes, you may need to update your power of attorney. For example, your designated agent may pass away or become incapacitated themselves. Work with your lawyer to ensure that your Durable Power of Attorney remains valid.

Modifying or Revoking a Durable Power of Attorney

Modifying or revoking your power of attorney is fairly easy to do. Ask your attorney to draft a new document that invalidates the old one.

How Can the Estate Planning Attorneys at Brown & Hobkirk, PLLC Assist You?

power of attorney lawyerA Durable Power of Attorney is an integral part of estate planning in Arizona because it gives someone else latitude to make potentially life-changing decisions for you. With so much on the line, it’s wise to have your Power of Attorney drafted by a knowledgeable lawyer with your best interests in mind.

The estate planning attorneys at Brown & Hobkirk, PLLC would be happy to answer any questions you have about a Durable Power of Attorney. Call our power of attorney lawyer or visit our contact page for a free initial consultation.