Power of Attorney Lawyer Chandler, AZ
The experienced legal team at Citadel Law Firm PLLC assists clients with a wide range of estate planning legal services. This includes creating a durable power of attorney for those who may benefit from having this safeguard in place. In fact, it is a good idea for most people who own property or earn an income to take this particular estate planning step. Accidents and the unexpected can happen anytime to anyone. For others who have known health issues, having a power of attorney in place can provide peace of mind knowing that someone they trust can handle their financial matters should it become necessary. Please consider contacting a Chandler, Arizona power of attorney lawyer to explore this specific legal resource today.
Why should I create a durable power of attorney?
If you create a durable power of attorney, then the person of your designation will be legally recognized to act on your behalf in various matters such as finances or managing your small business if you become incapacitated. In this context, incapacitation is generally considered the inability to make important decisions because of a serious medical or mental condition. The person of your designation is sometimes referred to as your agent. They are expected to act in your best interests, and in the way you would have acted had you not become incapacitated. The process of designating a durable power of attorney is a low-stress process that can be navigated efficiently and effectively with the help of a Chandler, AZ power of attorney lawyer.
What happens if I don’t create a durable power of attorney and become incapacitated?
If you do not create a durable power of attorney with the help of a Chandler, AZ power of attorney lawyer, then your loved ones will need to petition a judge to act on your behalf. In this context, the person named to manage your affairs may be referred to as the guardian of your estate, conservator, curator, or committee.
If your family must petition the Court to appoint a guardian on your behalf, that legal proceeding will become a matter of public record. The nature of your condition will also be made public as a result. Depending on the jurisdiction in which this occurs, it may even be a legal requirement that a notice about the proceeding must be printed in the local newspaper. In addition, disagreements within your family may arise when it comes to them trying to decide who should be your guardian. All of this can be avoided should you create a durable power of attorney with the help of a Chandler, AZ power of attorney lawyer.
What if I have a living trust?
If you create a living trust and later become incapacitated, the successor trustee who you named will have the legal authority to manage the property you had already transferred into the trust. However, any property that is not part of the trust they cannot touch. Without the authorization provided by a power of attorney, the successor trustee cannot handle your day-to-day financial needs or make important healthcare decisions on your behalf.
To learn more about creating a power of attorney and other estate planning tools, schedule a consultation with a Chandler, AZ power of attorney lawyer today.