A Power of Attorney, or POA, allows you to designate who you would like to make important decisions on your behalf should you ever become unable to make them yourself. Having a valid power of attorney in place can eliminate stress and confusion for your loved ones if this type of emergency ever occurs.
It is an aspect of estate planning that you may want to use in addition to a will, trusts, etc. The person who makes the POA is the principal, and the person designated to make their decisions should they become incapacitated is the agent. The responsibilities can last for a set duration of time, or they can be indefinite, depending on the wording of the POA. Contact our Arizona Estate Planning Lawyers for assistance on a POA.
It is crucial that your POA meets all the legal requirements for the state in which you reside. Requirements vary by state, so check with your Arizona POA attorney to assure that you have satisfied all that apply in your state. In Arizona, a power of attorney must be a written document that conveys the principal’s intent to designate someone as their agent. Additionally, the principal must be at least 18 years old and of sound mind when executing the power of attorney. This is where the “durable” in “durable power of attorney” comes in- the term here means that you were mentally competent when the document was signed.
A durable power of attorney must be signed by the principal, or signed in the principal’s conscious presence and at the principal’s direction. Plus, it must be notarized by someone who isn’t the agent, the agent’s spouse, the agent’s child, or the notary public. Also, it must be executed and witnessed before a notary public, evidenced by the notary public’s seal. Additionally, the language in a POA needs to be very specific to meet Arizona’s requirements. Therefore, review yours with your Arizona POA attorney to make sure that it is valid. Keep in mind, the principal can designate more than one person to be an agent, or designate alternative agents to step in if the first choice agent is unable.
Conditions to Trigger a Power of Attorney
A carefully written power of attorney will activate the authorities assigned to your agent only when specific conditions are met.
When you leave the country: A POA may be useful if you are about to be deployed or otherwise plan to live in a different country. This can be used for general tasks like paying bills, or more important affairs such as selling a home.
Progressive diseases like Alzheimer’s and dementia:The nature of these diseases makes it difficult to pinpoint exactly when an agent’s powers should go into effect. In Arizona, one physician must examine you and sign a document attesting that you are no longer legally competent in most cases. Some states require that two doctors sign off before a POA is effective. You can also word your POA to require the signature of a psychologist or social worker in addition to your physician’s signature.
Sudden medical conditions: Some medical conditions that render the individual legally incompetent, such as a coma, can come about quickly. You can either use an advanced healthcare directive or a healthcare POA to address what to do if you ever suffer a medical condition that leaves you unconscious.
There is an important event that you can’t attend: If you have a busy schedule, you may find yourself in a situation where you need to be at two places at once. You can use a POA to give a business partner the authority to sign a deal for you. Also, you can give a spouse POA to buy a vehicle on your behalf. There are several practical uses for a POA in Arizona. In cases like the aforementioned, the agent’s authority would end once the transaction is complete.
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Do you have more questions about obtaining a power of attorney in Arizona? Or, are you wondering if a living will or advanced healthcare directive would be more appropriate for you? Our experienced Arizona estate planning attorneys are standing by to offer free consultations. Additionally, our Arizona Estate Planning Lawyers and Power of Attorney lawyers offer affordable, flexible payment options. Therefore, estate planning can be more attainable for everyone in Arizona. Give yourself the peace of mind that someone you trust will be responsible for you if the worst ever occurs. Call or use our online form to get started today. Our AZ POA Lawyers look forward to assisting.
There are four main types of power of attorney designations in Arizona. You should understand the differences between them so that you can file the correct types of documents with the court. If you have any questions about the different types of POA in Arizona, contact our office for your free consultation.
General Durable Power of Attorney
You should use this type of POA if you wish to grant someone the authority to make a broad array of decisions on your behalf, such as financial and business decisions. It can last for a set amount of time, until a condition is met, or be indefinite.
Special Power of Attorney
This type of POA generally has the narrowest scope of responsibilities. It is often used in one-time transactions. It is often used for buying, selling, and transferring stocks, real estate, vehicles, and other assets. This power of attorney ends once the transaction is completed.
Healthcare Power of Attorney
This type of POA generally has the narrowest scope of responsibilities. It is often used in one-time transactions. It is often used for buying, selling, and transferring stocks, real estate, vehicles, and other assets. This power of attorney ends once the transaction is completed.
Parental Power of Attorney
This type of POA is sometimes referred to as a childcare power of attorney in other states. It can be used to authorize an individual to make a vast array of decisions regarding a child’s upbringing, such as field trips, medical treatments, extracurricular activities, and more.
In Parental POA, the only exceptions are authorizing a marriage or adoption. Thus, A parental power of attorney can last up to 6 months, unless the parent is active in the military. Also, the agent must be willing to accept the responsibility, and is often a grandparent, sibling, or other relative. This POA is only meant to extend authority when a parent is temporarily unavailable- it will not override custody orders. If the child’s other parent disagrees with the POA, their opinion will be given authority. Contact our Arizona Estate Lawyers for assistance.
REVOCATION OF POWER OF ATTORNEY
There may come a time when you no longer need a POA or a durable power of attorney. Therefore, a revocation is the process you need to use if you wish to cancel the powers you have given your agent. Also, a POA can be revoked at any time, however, a durable POA can only be revoked if you are of sound mind. Additionally, the revocation must be in writing. Plus, a copy of the revocation must be provided to any interested third parties, such as a bank or insurance company. If the POA was recorded, the revocation must also be recorded. The revocation must be witnessed and notarized. Our Arizona Estate Planning and AZ POA Attorneys can assist you with planning your future.
