Create a Power of Attorney in Arizona for you and your family today!
Having a valid AZ Power of Attorney form can save you and your family time and money. Read our article to understand why.
Every client that come to see us usually have to main concerns in mind:
- How can I avoid the probate process in Arizona?
- How can I have someone have specific powers to make decisions in my behalf if I become incapacitated?
Our blog will not talk about the probate process and how to avoid it (click here if you want to read about probate in Arizona) but we will talk about the second most asked question above. Making sure that someone has the authority to make financial decisions and healthcare decisions in your behalf in case you be become incapacitated is sometimes more important than avoiding probate. Having someone with your best interest in mind is a big part of a solid estate planning strategy.
Having an agent that can act in your behalf using a power of attorney can not only save you time and money, it can also save your life. A medical power of attorney in Arizona has saved the life of our clients before. We hope you can understand it better after reading the blog article.
What types of power of attorney exist in Arizona?
There are two main powers of attorney have we recommend our clients to have in Arizona.
The first one is a Financial power of attorney, which is also know as a Durable power of attorney in Arizona. The Durable power will be granting power from you, the principal, to another person, your agent (or agents) with subjects related to your financial matters. The person will help the principal (you) with issues related to bank accounts, real property, other financial accounts, pay bills, and other powers. They will be able to act in your behalf.
By having a valid Power of attorney when someone no longer can make decisions by themselves can avoid the need to apply for guardianships and conservatorships. The process to acquire one or both is not only expensive but also requires annual work. A power of attorney can just be revoked.
The second one is a Healthcare Power of Attorney. That POA document will give your agent the power to make medical decisions on your behalf. The principal grants the agent specific health care authority in case they are incapacitated. Certain powers will not be included in the Healthcare POA and a Living Will is usually advisable as well. If you want to understand how a Living Will work in Arizona click here.
Remember that these documents are not just forms that you download from the internet. Give a person financial and health care powers is something that needs to be done carefully and an estate planning attorney will be able to assist you.
How do I get a power of attorney in Arizona?
Getting a power of attorney is simple to some extend but it also gives your agents a lot of power. The best way to do it is to talk to an estate planning attorney. An Attorney will guide you through the process and it will make sure that you grant power to the right people. An attorney will make sure you have backup agents in case your first agent passes away before you do. The best estate planning attorney will also help in case a POA needs to be revoke.
Does a power of attorney need to be notarized in Arizona by a Notary Public?
By Arizona law a Durable power of attorney needs to signed in front of one witness and a notary public. Although the law in Arizona only require one at Citadel law Firm we usually use two. That way if a person moves to another state that requires two witnesses they don't need to redo their document, our attorneys considered that scenario for you already.
A Healthcare power of attorney needs to be only signed and notarized according to Arizona law, a witness is not necessary and we usually don't add one. It is enough to sign your healthcare POA in front of a notary public.
Do all my estate planning documents need to be notarized in Arizona by a Notary Public?
Only an estate planning attorney will know for sure. Some estate planning documents have different requirements. Last Wills and Testaments, Living Trusts, Living Wills and Deeds all have their own rules according to the laws of Arizona. An attorney will guide you correctly.
How do I get power of attorney over a parent in Arizona?
You can't get an Arizona power of attorney over a parent in Arizona without their consent. Printing a form from the internet and bringing to an elderly parent to sign is one of the fastest ways to be accused of elder law abuse. The parent needs to grant you the power.
Your parents need to see an attorney on their own so no "undo" influence can be claimed. At our law firm we are very diligent with it and we don't even let beneficiaries drive their parents to their meeting with the attorney.
How does power of attorney work in Arizona?
After a power of attorney in Arizona is created, signed and notarized according to the law it needs to be sent to the right people. We usually recommend to send a medical power to your health care providers. We also recommend your take your medical power with you in case you go to the hospital for surgery. Some clients like to have a copy of their medical POA in their care in case of an accident, that is usually advisable.
For financial power we recommend you contact the financial institutions that you deal with and make sure they have your POA on record. Some banks are specially particular about POAs and they may ask you to do a new one at the bank. They should still accept the POA created by your attorney, they may just need to submit it to their legal department.
Does a power of attorney have to be filed with the court in Arizona?
An POA does not have to be filed with the court. It is important to keep it in a safe place. We recommend having an electronic copy of it saved as well. We keep all our clients POAs on file so we can release them easily in case of an emergency.
If you create an POA and later your revoke it make sure you inform any institution or health care providers that have the old POA on file. That way no one can't act under an old POA. It is specially important to update parts involved if you give someone powers specific to property.
How long does a power of attorney last in Arizona?
A POA doesn't necessarily expiry in our state, unless you specify otherwise. We do recommend updating your POAs every 10 years at least to avoid them being denied.
Do you need an attorney to create a power of attorney in AZ?
You don't need an attorney to create an POA for you but we do recommend for you to see an attorney. There isn't such a thing as "attorney forms". A POA form in Arizona downloaded from the internet is just that, a form, it will not include any legal advice and it may create problems. The most common mistakes we see when people create power of attorney are:
- They fail to grant their agent specific powers that are necessary to apply for government benefits, like ALTCS and Medicaid in Arizona;
- They add multiple decisions makers as agents, which can cause conflict and even end up in litigation. It can also delay the process of making crucial medical decisions in time;
- The POA form downloaded from the internet is not properly signed and notarized according to Arizona laws. When you use it in the future it is not a valid document.
Does a durable power or medical power end at death in AZ?
Yes, all POAs end at death. That is another reason why talking to an estate planning lawyer can help address all your concerns and issues. Having a proper estate planning in place can save you time and money, as well as avoid unnecessary stress between family members.
Talk to an estate planning attorney today
We will be pleased to offer you a free estate planning consultation with one of a lawyer to help you with your powers of attorney. Call (480) 565-8020 or click here to schedule your free consultation.
Read out blog article if you want to know how much it costs to create a Last Will and Testament in Arizona.