Power of Attorney Lawyer
Power of Attorney Lawyer in Chandler, Ahwatukee, Phoenix, and the surrounding areas.
Power of attorney is a term people often hear but may not fully understand. Essentially, it is an arrangement wherein one person empowers another to act in their stead under specific circumstances.
It is often helpful to consult with an experienced Chandler/Ahwatukee power of attorney lawyer for advice on how to craft your power of attorney. A knowledgeable trusts and estates attorney will explain your options, the costs & benefits, and help craft or revise a plan to suit your needs.
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Situations Where This May Apply in Chandler/Ahwatukee
While you can craft a power of attorney to cover any number of situations ranging from purely personal to business related, powers of attorney are most often used to allow a trusted person to step into your shoes so they may make financial and medical decisions on your behalf when you are unable to do so. It’s a common misconception in Chandler/Ahwatukee that you only need the powers when you anticipate a potential medical crisis or event, but the reality is that you need to have a durable power of attorney at all times because you will not be able to anticipate all of life’s events. You cannot execute a power of attorney if you are incapacitated.
For example, you may want to grant a relative or a friend a medical power of attorney along with a living will so that they may make medical decisions on your behalf and carry out your decisions regarding end of life choices. This is important if you should ever end up incapacitated or in a persistent vegetative state. Other times, it is necessary to protect your assets and save your loved ones the pain of establishing a conservatorship by executing a financial power of attorney. This would allow a trusted person (professional or otherwise) the power to make financial decisions on your behalf, conserve your assets, and pay your bills. Yet other powers may be springing (only in effect in case of disability) or limited to certain transactions.
Different Types of Powers of Attorney
There are three primary types of power that may be granted under power of attorney. They are:
- Limited power of attorney
- Durable power of attorney
- Springing power of attorney
A springing power is inactive until the triggering event causes the power to “spring” into action. The idea is for the power to take effect when the person granting the power becomes incapacitated. The problem with springing powers is establishing the fact that the circumstance which triggers the power has indeed occurred. Thus, it would be wise to limit springing powers to events which are easily ascertainable such as physical incapacity due to being in a coma.
A durable power, as its name suggests, is a permanent power which lasts until it is revoked. A durable power is used to allow for the designated person or fiduciary to step into the grantors shoes in a certain area of the principal’s life such as financial affairs. There are ways to make a durable power more similar to a springing power such as instructing the fiduciary to not act unless necessary or withholding delivery of the document until the triggering events occurs.
Finally, a limited power allows the holder to act on behalf of the principal in a limited capacity. It is usually used for the purposes of a single transaction such as a purchase or sale. For example, a limited power of attorney is typically used for auctions or real estate transactions where the principal is unable to attend in person.
Consult a Chandler/Ahwatukee Power of Attorney Lawyer
The powers conveyed through a power of attorney may be broad or narrow depending on the language of the document establishing the power. However, regardless of the reasons for giving the power, it is wise to pay careful attention and thoroughly understand what a document will and will not allow the designated person to do on your behalf.
When you work with a skilled Chandler/Ahwatukee power of attorney lawyer, your legal advocate will explain the ramifications and advise you the right powers and limitations to fit your needs. For more information about how custom powers of attorney could enhance your estate plan and prevent catastrophe, call for a consultation.
FAQs
What is a Power of Attorney?
A Power of Attorney (POA) is a legal document that allows you (the “principal”) to appoint another person (the “agent” or “attorney-in-fact”) to act on your behalf. This authority can cover financial, medical, or legal decisions depending on how the document is drafted.
How does a Power of Attorney work?
Once signed and notarized, the document grants your chosen agent the legal authority to handle your affairs. Your agent presents the document to third parties, such as banks or hospitals, to prove they are authorized to sign checks, access accounts, or make healthcare decisions for you.
What are the main types of Powers of Attorney?
The most common types are General, which grants broad powers; Limited (or Special), which is for specific tasks; Durable, which remains in effect if you become incapacitated; and Springing, which only becomes active upon a specific event like incapacity.
What is the difference between a Power of Attorney and a Living Will?
A Power of Attorney appoints a person to make decisions and act for you, whereas a Living Will is a written statement detailing your specific wishes regarding end-of-life medical treatment. The POA provides the decision-maker; the Living Will provides the instructions.
What is a Durable Power of Attorney?
A “Durable” Power of Attorney contains specific language stating that the agent’s authority continues even if you become mentally incapacitated. Without this clause, a standard POA would legally expire the moment you are no longer competent to manage your own affairs.
What is a Limited or Special Power of Attorney?
A Limited Power of Attorney grants an agent authority for a very specific purpose or a limited time frame. This is often used for single transactions, such as authorizing someone to sign closing documents for a real estate sale when you cannot be physically present.
What is a “Springing” Power of Attorney?
A Springing Power of Attorney is designed to lie dormant until a specific condition is met, typically your medical incapacity. It “springs” into effect only after a doctor certifies that you are unable to make decisions for yourself. However, these can cause delays in emergencies, so many planners now prefer Durable POAs effective immediately.
How do I get a Power of Attorney in Arizona?
To get a POA in Arizona, you must draft a document that complies with state laws (A.R.S. Title 14), ensuring it clearly defines the powers granted. The principal must be of sound mind and at least 18 years old at the time of signing.
What are the Financial Power of Attorney requirements in Arizona?
Arizona law requires that a Power of Attorney be in writing, signed by the principal, and witnessed by a person who is not the agent or a relative. Additionally, for the document to be self-proving and widely accepted, it should be notarized.
Do you need a lawyer for a Power of Attorney?
While you are not legally required to have a lawyer, using DIY forms can be risky. An experienced estate planning attorney ensures the document is valid under current Arizona laws, specifically tailored to your assets, and clear enough to prevent family disputes or rejection by banks.
How do I revoke a Power of Attorney?
You can revoke a POA at any time as long as you are mentally competent. To do this, you should sign a formal “Revocation of Power of Attorney” document and deliver copies to your agent and any institutions (like banks) that have the original POA on file.
What happens if I don’t have a Power of Attorney?
If you become incapacitated without a valid POA, your family may have to go to court to be appointed as your guardian or conservator. This process is public, expensive, time-consuming, and puts the decision of who manages your life in the hands of a judge rather than you.
Can my agent change my Will?
No, an agent acting under a Power of Attorney generally cannot change, create, or revoke your Last Will and Testament. Their fiduciary duty is to manage your assets and care for you during your lifetime, not to alter your estate distribution after death.
What should be on my Power of Attorney paperwork checklist?
Your checklist should include: full legal names and addresses of your primary and successor agents, a detailed list of powers you wish to grant (and those you wish to withhold), decisions on durability, and arrangements for a notary and eligible witness
Does a Power of Attorney expire?
Technically, a Power of Attorney ends upon your death, if you revoke it, or if a court invalidates it. However, banks do not like stale powers and routinely refuse to honor them if deemed too old. A non-durable POA also ends if you become incapacitated. Remember, a POA is valid only while you are alive (except for burial arrangements); once you pass away, the Executor of your Will takes over.
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I’m sure you have a lot of questions. And we’re here to answer them. Just give us a call or fill out the form to the right and we’ll call you.
4435 E Chandler Blvd #200 Phoenix, AZ 85048
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