A power of attorney is a legal document that designates someone else to make decisions on your behalf in certain circumstances. Estate plans typically include several critical legal documents, including wills, trusts, healthcare directives, and one or more powers of attorney.
At Mushkatel, Gobbato, & Kile, P.L.L.C., our legal team is committed to providing Scottsdale, AZ, residents with comprehensive estate planning services. Contact our Scottsdale power of attorney lawyers today for assistance setting up powers of attorney. Check out our client testimonials to learn more about what it’s like working with a team that puts your best interests first.
What Is Power of Attorney?
A power of attorney (POA) grants someone else the authority to make decisions on your behalf if you are unable to act on your own. It may address matters such as healthcare, financial, or legal decisions.
These documents are often included in estate plans because you may need someone else to act on your behalf if you become incapacitated by illness or injury. Estate plans aren’t only about designating what happens to your assets after your death. Estate plans also may designate a healthcare power of attorney to make medical decisions involving your end-of-life care, if you cannot decide for yourself. A power of attorney has significant decision-making authority, so you must name someone you trust to act for you, whether a family member, a close friend, or a business associate.
What Are Different Types of Power of Attorney?
When choosing a power of attorney, you aren’t limited to having only one appointed agent in your estate plan. You may want to designate different individuals with agents’ powers to perform various roles.
The five most common types of power of attorney are:
- General Power of Attorney – A general POA allows your agent to act on your behalf in a wide range of situations. While this power of attorney’s flexibility is its greatest strength, you may not always want to grant someone such broad authority, which is why other powers of attorney exist.
- Limited Power of Attorney – A limited POA is the opposite of a general POA. It grants authority to your agent in specific situations. For example, you may have a limited POA that gives your designated agent temporary authority to manage selling your home or other significant assets.
- Durable Power of Attorney – Many powers of attorney become inactive if you are incapacitated. However, a durable power of attorney remains in effect. This makes durable powers of attorney useful for end-of-life situations.
- Springing Power of Attorney – A springing POA only becomes effective once certain conditions are met. For example, you can have your POA become active when you travel out of state or become incapacitated.
- Medical Power of Attorney – A health care power of attorney is a type of limited POA that grants your agent the authority to make medical decisions on your behalf. For example, if you are unable to tell your doctors your preferences regarding medical treatments, your agent can advise them on your behalf.
An estate planning lawyer can determine which powers of attorney you need to create as part of a comprehensive estate plan.
Why Might You Need Power of Attorney?
The two main reasons for using powers of attorney are allowing others to act for you while you are unavailable or incapacitated. Being unavailable could mean you will be way on a trip and want someone else to make business decisions in your absence. Incapacitated could mean you will be undergoing surgery and will be under anesthesia for a while.
As we age, the likelihood of becoming incapacitated rises, and a power of attorney can grant you peace of mind that a trusted individual will be able to make choices or business transactions for you.
How Long Does a Durable Power of Attorney Last in Arizona?
A durable power of attorney in Arizona typically remains in effect until the death of either the principal or the agent. The principal is the person granting someone else authority to act on their behalf. The agent is the person who receives authority through a power of attorney.
However, the death of the principal or agent isn’t the only way a durable power of attorney ends. Under certain circumstances, a court may terminate a durable POA, such as if it suspects the agent is taking advantage of a principal who cannot advocate for themself. Additionally, an agent can revoke a durable power of attorney at any point while they are of sound mind and have mental capacity.
Does Power of Attorney Have to be Filed in a Court in Arizona?
A power of attorney form does not need to be filed in a court to be valid in Arizona. However, the agent should retain the original copy of the power of attorney document in case they need to present it when acting on the principal’s behalf. For example, an agent may need to provide a medical POA before they can make medical decisions on a principal’s behalf.
While you do not need to file a POA in court, you and a witness must sign it before a notary public. You must also be at least 18 years old and of sound mind when signing the POA. An estate planning attorney can arrange for all necessary legal documents to be signed and notarized.
How Much Does Power of Attorney Cost?
Having a lawyer draft a power of attorney in Arizona typically costs several hundred dollars. The exact amount will depend on the complexity of the POA document. For example, a general POA may be less expensive than a limited POA with many restrictions on the agent or a springing POA with highly-specific conditions for activation.
Doing estate planning and creating powers of attorney are complex legal matters. When making decisions about your future and your family, you need trusted guidance.
Contact a Scottsdale Power of Attorney Lawyer
If you need a power of attorney in Scottsdale, Arizona, contact Mushkatel, Gobbato, & Kile, P.L.L.C., to speak with an experienced lawyer. Our legal team has over 50 years of combined legal experience and offers the personalized service of a small law firm with the resources of a large firm.
We are a full-service law firm that handles personal injury law, estate litigation and planning, divorce, guardianships and conservatorships, special needs and benefits planning, and real estate law. Our team is ready to help with all of your estate planning needs.
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