When we think about planning for the future, being incapacitated should be a major concern. Life is unpredictable and having a plan in place in case of incapacity is one of the best gifts you can give your loved ones.

The most valuable tool for ensuring that your wishes are respected, even if you’re unable to make decisions yourself, is a Durable Power of Attorney (POA).

In Arizona, this document gives you control over your affairs, providing peace of mind for you and your family, by picking a person that YOU trust to step in and assist when you physically or mentally cannot.

Safeguarding Your Future with PayneLess Law

At PayneLess Law, we understand that estate planning is more than just paperwork. It’s about making sure that your wishes are clear and that your family is secure and protected.

I’m Christopher D. Payne, and my personal experience with loss profoundly shape my approach to estate planning. Losing my mother and my 20-year old son in quick succession opened my eyes to the importance of having everything in order and the need to plan for the unexpected.

I want to help others avoid the confusion and heartache that can follow when these plans aren’t in place. That’s why we offer compassionate, thorough estate planning services for individuals and families in Arizona.

What Is a Durable Power of Attorney?

 This legal document allows you to designate someone, known as an “agent” or “attorney-in-fact,” to make decisions on your behalf. This can include financial, legal, and property matters.

Unlike a regular Power of Attorney, which becomes void if you become incapacitated, a Durable POA remains in effect even if you are no longer able to make decisions for yourself.

Why Is It “Durable”?

The key word here is “durable,” which simply means that the authority you grant to your agent continues even in the case of mental incapacity.   Without it, your family might have to go through a lengthy court process to gain control over your affairs if you are unable to make decisions.

Having a Durable Power of Attorney in place avoids that situation, allowing your agent to step in immediately to handle things like paying bills, managing investments, and taking care of other financial matters.

Types of Durable Power of Attorney in Arizona

In Arizona, there are two main types of Durable POA that you can choose from:

1. General Durable Power of Attorney: This grants your agent broad authority over various aspects of your life, from paying bills to managing investments.
2. Special or Limited Durable Power of Attorney: This type of POA limits your agent’s authority to specific tasks, such as selling a property or handling a particular bank account.

Choosing Your Agent Wisely

Selecting the right person to serve as your agent is perhaps the most important decision you’ll make when creating a Durable POA. Your agent should be someone you trust unquestionably, as they’ll have significant control over your finances and other matters.

They must also be at least 18 years old and of sound mind. It’s important to have an open, honest conversation with your chosen agent about your wishes and expectations.

What Can Your Agent Do?

Depending on how you structure the document, your agent’s authority can be broad or narrow. They might be responsible for:

• Paying your bills
• Managing your bank accounts
• Filing your taxes
• Buying or selling property
• Handling insurance and government benefits
• Managing your investments

You can decide which powers to grant your agent, and you can always revoke or modify the POA if circumstances change, if you are mentally competent when you make the changes.

When Does It Take Effect?

You can choose when your Durable POA takes effect. Some people prefer for it to be “springing,” meaning it only comes into effect if you become incapacitated. Others might choose to make it effective immediately, which can be helpful if you want your agent to start helping you right away with certain tasks. We recommend that a Durable POA not be “springing”, if and only if, you truly trust your designated Agent. If you do have that level of trust, then making the POA effective immediately carries little risk of abuse and avoids the “incapacity” determination that can often be complicated and delay your Agent’s ability to take over when needed. Often, to trigger the “springing” effect of a Durable POA, your family and Agent will need to have you evaluated by two physicians who will certify that you are incapacitated. If you don’t have two doctors who are familiar with your past and present conditions, it can be difficult in this day and age of medical liability and litigation, to find two doctors who are willing to take the risk of making that certification.

Legal Requirements in Arizona

For a Durable POA to be valid in Arizona, it must meet specific legal requirements:

• It must be in writing.
• The principal (you) must be an adult and mentally competent.
• The document must clearly identify the agent.
• The POA must contain language stating that it remains effective even if you become incapacitated.
• It must be signed by the principal, witnessed by at least one person, and notarized. The witness can’t be the agent himself, the agent’s spouse, or the agent’s children.

Is Arizona POA Valid In Other States?

There are a few reasons why an Arizona power of attorney (POA) may not be automatically valid in some other states.

• Some states may have stricter requirements than Arizona, such as requiring two witnesses

Lack of uniformity: Not all states (26 states did) have adopted the Uniform Power of Attorney Act, which aims to standardize POA laws across states. In fact, Arizona is one of the states that did not adopt the Uniform Power of Attorney Act, but many of Arizona’s laws are similar.

Revoking or Modifying a Durable POA

If you change your mind or your situation changes, you can revoke or modify your Durable Power of Attorney at any time, if you are still mentally competent. To do this, you’ll need to provide a written notice of revocation to your Agent and any third parties, like banks, that may have received your previous POA.

Benefits of a Durable Power of Attorney in Arizona

• Avoiding Guardianship: Without a Durable POA, if you become incapable of making decisions, your family may need to go through a court process to have a guardian or conservator appointed. A POA lets you avoid this slow and expensive process.
• Maintaining Control: Even if you lose the ability to make decisions yourself, a Durable POA ensures that your agent will act according to your wishes.
• Protecting Your Loved Ones: By having a POA in place, you make things easier for your family during a difficult time.
• Peace of Mind: Knowing that your affairs are in order can give you confidence and security.

Creating a Durable Power of Attorney in Arizona

Working with an experienced estate planning attorney in Arizona is essential to ensure that your Durable Power of Attorney is drafted correctly and meets all legal requirements. We can help you consider important factors, such as:

• Who should serve as your agent
• Whether to grant general or limited powers
• Whether other documents, like healthcare directives, are needed

Take Control of Your Future with PayneLess Law

Don’t wait for the unexpected. Creating a Durable Power of Attorney now is a powerful way to protect your interests and your family. At PayneLess Law, we’re here to guide you through the process with compassion, ensuring that your plan reflects your values and wishes.

 Schedule a FREE Consultation today or give us a call at (480)-420-7199 for a free consultation and start the conversation about safeguarding your future.