Do I Need a Power of Attorney?

There are many types of Arizona Power of Attorney forms, including financial power of attorney, healthcare power of attorney, and general or special power of attorney. It can be a bit confusing to know which form and which legal documents you’ll need for your future. So, let’s dive into the differences and the types of power of attorney legal documents you’ll need.

Durable Power of Attorney

In Arizona, a durable power of attorney should provide that “this power of attorney shall not be affected by the disability of the principal” or “this power of attorney shall become effective only upon the disability of the principal.” So, what does that mean? Basically, as you meet with your attorney and determine how you will write up your power of attorney documents, you need to decide how they will be implemented. Will the power still stand and “not be affected” should you become disabled, or will the power of attorney documents only work if your become disabled, and not a second sooner? “Durable” implies “enduring power of attorney,” as other states call it, where your decision will be durable no matter what.

General or Special Power of Attorney

A general power of attorney would give absolute legal power to “act for the principal with respect to his property.” This means that should you grant a general power of attorney to a family member, that member has complete control over your finances. They would be able to cash checks, draw money from your bank accounts, manage and even sell your real estate property. They would also be able to pay your bills for you, invest in the market, and hopefully expand your assets while you are not able to.

Special power of attorney would grant only limited power to that family member. Special power of attorney would allow you to state exactly what you allow your family member to have control over, such as paying your bills from a specific bank account, or managing a specific piece of property.

Healthcare Power of Attorney

A healthcare power of attorney, which can also be a durable power of attorney in some states, gives complete medical decision making power to the family member or friend that you appoint. This includes end of life care, terminating care, terminally ill care, and much more. If you are heading into major surgery, are living with cancer or a chronic and/or terminal condition, or are just trying to stay ahead of the curve, talk to your Arizona licensed attorney about healthcare power options. With the ever changing face of the healthcare industry, you’ll want to make sure that you’re taking the necessary steps to cover all of your bases.

Need Help?

If you are not sure as to what legal document you currently have contact one of our professionals to help you with your estate planning. They will make sure you have all of your grounds covered and have the right legal documents that best suite your wants and needs.