A Durable Power of Attorney is a legal document that allows an individual (the principal) in Phoenix to appoint an “Attorney in Fact” (the agent) to make legal, medical, or financial decisions on their behalf. The assigned agent is often tasked with a broad range of responsibilities, including managing investments, making healthcare decisions, or paying bills.
As an important part of estate planning, a Durable Power of Attorney plays a key role when an individual becomes incapacitated and is no longer capable of making decisions on their own. An experienced POA lawyer can provide legal guidance to ensure a principal’s rights are protected and that assets are managed according to their wishes.
The Difference Between a Standard Power of Attorney and Durable Power of Attorney
A standard Power of Attorney (POA) provides an adult, who is of sound mind and aged 18 or over, with the authority to manage the affairs of another individual who is deemed unable to take care of their own needs. As long as the principal remains mentally competent, the authority given to the agent may be legally revoked at any time and for any reason.
It is possible to make a POA “durable” by adding specific text to the legal document. The Durable Power of Attorney (DPOA) carries all of the same responsibilities of a POA but may take effect or remain in effect if the principal becomes incapacitated or disabled. Unlike a standard Power of Attorney that can be revoked at any time, a DPOA remains in effect, even when the principal becomes incapacitated, to ensure continuity of care and proper handling of an individual’s affairs.
How to Create a Durable Power of Attorney
An experienced estate planning lawyer has the necessary resources to manage an individual’s request to establish a DPOA. According to Arizona Revised Statutes 14-5506 (D), anyone who attempts to intimidate or deceive someone to procure a POA is subject to prosecution and civil penalties. A trusted attorney ensures these standards are followed and that the DPOA is being created by a person who still has the capacity to make informed decisions. The necessary steps required to create a Durable Power of Attorney include:
- Completing the Arizona DPOA form
- Selecting a trusted person to act as the Attorney in Fact of the estate
- Clearly defining the powers assigned to the agent (e.g., property, financial, healthcare)
- Signing and witnessing the document in the presence of a Notary Public
- Providing copies of the DPOA to all interested parties
Working with an experienced Phoenix attorney to complete these steps for a Durable Power of Attorney ensures all documentation is accurate and disbursed to the appropriate parties. Many people who believe they could handle the process on their own often find it difficult to manage without professional legal guidance.
Contact Us in Phoenix to Discuss a Durable Power of Attorney
When establishing a Durable Power of Attorney in Phoenix, it is vital to contact legal counsel before proceeding on your own. Giving up your rights should not be taken lightly, and every aspect of the transfer of power should be discussed in detail to ensure your needs are being met.
At Dayes Law Firm, we are committed to providing exceptional service that takes into consideration our clients’ specific wishes. Through clear and honest communication, we do everything in our power to ensure the estate planning process is honest and transparent for everyone involved. Contact us today to schedule a personalized consultation and discuss your Durable Power of Attorney needs.
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