Types of Power of Attorney in Arizona
A power of attorney is a legal document that gives another adult the authority to act in your place. There are various types of power of attorneys in Arizona that serve different purposes. A Phoenix estate planning attorney can help you choose the right power of attorney to meet your needs.
What are the Types of Power of Attorney in Arizona?
1. Durable Power of Attorney
A durable power of attorney remains in effect until your death or until the document is revoked. This type of power attorney allows your agent to continue acting on your behalf if you become incapacitated. Under Arizona law, a person is incapacitated when they cannot make decisions on their own due to illness or disability. The durable power of attorney ends automatically when you die. It can be general or limited in scope. You can revoke a durable power at any time for any reason as long as you are mentally competent.
A durable power of attorney is critical to prepare for medical emergencies and declines in mental functioning.
2. General Power of Attorney
A general power of attorney gives your agent complete authority to act on your behalf in most situations, including personal finances, real estate transactions, and a broad range of legal decisions. Essentially, you give your agent all the powers and rights you have yourself. A general power of attorney is automatically terminated if you become incapacitated or die. Because the authority you grant your agent is unlimited, you may only want to use it for a short period.
3. Special Power of Attorney (Limited Power of Attorney)
A special power of attorney (sometimes called a limited or specific power of attorney) gives your agent the authority to act on your behalf for a particular purpose. For example, you could grant your agent the ability to sign loan documents on your behalf. It is important to be as detailed as possible about the power you are giving the agent. The special power of attorney expires once your agent has completed the specific task or at the time stated in the document. Special powers of attorney are most often used when you are unable to complete a transaction because of a prior commitment or illness.
4. Springing Power of Attorney
A springing power of attorney (also called a conditional power of attorney) only goes into effect if a certain event or medical condition occurs. Usually, the springing event is incapacitation. As another example, military personnel could draft a springing power of attorney to take effect when they are deployed overseas. A springing power of attorney can end at a specified time, incapacitation, or upon death.
One disadvantage of using a springing power of attorney that takes effect at incapacitation is that your agent will not be able to take over control immediately. The payment of bills and investment of assets must be delayed until all required documents confirming your mental incapacity have been signed.
5. Health Care Power of Attorney
In a health care power of attorney (also known as medical power of attorney), you can name an agent to make medical decisions for you if you cannot do so for yourself due to illness or injury. It can grant broad power or limit the decisions that your agent can make. Your agent will have access to your health care information and medical records. Your health care power of attorney can specify decisions, such as organ donation, autopsy, and funeral wishes. A health care power of attorney goes further than a living will that only addresses end-of-life care.
6. Parental Power of Attorney
A parental power of attorney grants another person temporary authority over your children. It begins on a specific date of your choosing and must end not more than six months later. The person you are giving authority must be willing and able to accept temporary authority. You can delegate all parental responsibilities or limit them to specific powers, such as making health care decisions. A parental power of attorney is helpful when a parent becomes sick or hospitalized, travels overseas, or is otherwise unable to care for their child for a short period.
Your Phoenix Estate Planning Attorney
Nicole Pavlik is an experienced Phoenix estate planning attorney who can help you prepare for the unexpected by creating powers of attorney that works for you and your family. If you have questions about powers of attorney, call Nicole Pavlik Law Firm today at (602) 635-6176 for a free consultation.
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