Flagstaff Power of Attorney Lawyer

Flagstaff Power of Attorney Lawyer

When it comes to the future of your legacy and your family in Arizona, it’s crucial to make sure that what you love stays protected long after you are gone. In the event that you become incapacitated due to an accident or other unanticipated consequence, you will want to be sure that important decisions being handled on your behalf are in accordance with your values and wishes.

In Flagstaff, Arizona a power of attorney lawyer can help you with understanding the complexities associated with the financial and medical decision-making processes. Depending on whether you are looking for a healthcare power of attorney, a financial power of attorney, or a special power of attorney, a dedicated lawyer from Glazer, Hammond, Ruben & Smets, PLLC can help you secure the legal documents you need to protect and carry out your interests.

Not only do our attorneys have extensive experience drafting and carrying out attorney documents, but we can also help you with any outstanding estate administration or trust matters. Whether your AZ estate planning needs include distributing the estate of a deceased loved one based on an existing will or trust, or managing legal disputes, our legal team is here to assist you.

What Is an Arizona Power of Attorney?

It’s important to understand that a power of attorney is a legal document that allows a chosen individual to act and make decisions for you based on your interests, in the event that you become incapacitated and unable to make the decisions yourself. The individual who is assigned the responsibility for making decisions for you is called the “agent” and, in this case, you or the individual who is too incapacitated to make decisions is called the “principal.”

In Arizona, the power of attorney document is capable of covering many different issues, including:

• Financial matters.
• Medical matters.
• Legal decisions.

In the case of medical power of attorney, an example would be the agent making critical medical decisions, such as surgical procedures, on behalf of the principal. An example of financial power of attorney would include allowing the agent to handle bank accounts, pay bills, invest money, and handle other financial matters for the principal.

Some of the types of power of attorney recognized in Arizona are:

• General power of attorney. This gives the agent the mandate to generally make decisions for the principal on their behalf, regardless of what category the decision-making falls under.
• Special power of attorney. A special power of attorney, in contrast to a general power of attorney, only allows the agent to act on behalf of the principal in extremely specific instances.
• Springing power of attorney. A springing power of attorney can be either general or special (which determines the scope of the decision-making authority) and goes into effect after it is specifically triggered by an event, such as the principal becoming incapacitated. The difficulty with the springing power of attorney is that the medical state, or conditions of the principal, must be proven in order for the power of attorney to spring into effect.
• Durable power of attorney. The durable power of attorney, like the springing attorney, can also be general or special power of attorney. The difference, however, is that the durable power of attorney is put into effect as soon as the document is signed; there is no triggering mechanism.

There are many different kinds of power of attorney in Arizona, with nuanced differences and varying advantages and disadvantages. To understand the plan for the future of your family and estate, it is critical to consider using power of attorney tools.

Power of Attorney Delegating Parental Powers in Arizona

In Arizona, there is a flexible option for parents who need to temporarily hand over parental decision-making powers to another responsible adult whom they trust. The power of attorney delegating parental powers legal document allows parents to transfer this power in situations of urgent need, when they cannot take care of their children themselves, such as military deployment or a critical medical emergency.

The power of attorney delegating parental powers legal document is not granting custody or guardianship of the child. It is only a temporary solution that gives the agent power for a limited amount of time to make critical decisions for their children.

Arizona Durable Health Care Power of Attorney

In Arizona, a durable healthcare power of attorney is otherwise known as a medical power of attorney, as mentioned earlier. This is a legal document that grants an agent with permission to make medical-related decisions on your behalf. In the case of a medical power of attorney, the agent is legally referred to as the “healthcare agent.”

When drafting and executing your durable health care power of attorney, you should be sure to keep the following considerations in mind:

• To create the healthcare power of attorney, you must be at least 18 years old and mentally fit.
• The healthcare agent that you elect must also be at least 18 years old, and mentally fit.
• To certify the document, as the principal, you must sign it with two witnesses present. The individual serving as a healthcare agent cannot be counted as a witness.
• For this legal document to be considered durable, it must still hold ground, even in the event that you become incapacitated, or unable to provide your input on your personal healthcare-related issues.
• It is helpful to provide as much detail as possible in the document, providing clear guidelines for your healthcare agent. A power of attorney can help you review this to ensure that no key details are missing. In the future, your healthcare agent will be asked to follow these guidelines to the closest extent possible.
• As long as you are considered to be mentally fit and able to make decisions regarding your healthcare, your healthcare agent cannot override your decision.
• Keep in mind that as long as you are considered mentally fit, you can void the healthcare power of attorney document at any time.

In order to be sure that your durable health care power of attorney document in Arizona is complete and that you understand the long-term legal consequences associated with it, it is highly recommended to consult with a lawyer who is skilled in estate planning.

Step-By-Step Process for Getting Power of Attorney in Arizona

Getting power of attorney means that you are obtaining, drafting, and executing the power of attorney legal document in Arizona. To go through this process, you should work through the following steps:

• Consult with an attorney. To decide the type of power of attorney that is right for you, it is recommended to speak with an experienced Arizona estate planning attorney. This is because the state of Arizona offers a diverse array of power of attorney options, and it’s important to understand the legal implications of each of them so that you can choose the one that’s right for you.
• Decide on who your agent will be. Make sure that your agent, or the individual who will be making decisions for you, is someone who is trustworthy and who will responsibly execute your wishes in accordance with your wishes.
• Draft the document. You will need to create the power of attorney document from scratch or by using an existing template. A lawyer can help you with all of the drafting of the document, which should include your full name and contact information, the full name and contact information of your agent, and the specific “powers” that you are handing over to your agent in the legal decision-making process. Remember that this document must be signed by you and your agent, as well as notarized.
• Distribute copies of your document. Once you have finalized the document, you should make copies and hand them out to your agent and any parties that you deem important. This includes financial and medical companies and organizations who should be aware of the existence of the power of attorney in advance. Keep digital scans in a secure location on your computer.
• Safeguard the original power of attorney. You will want to be sure to stow the original document in a safe, dry place that is obvious to you, so you don’t lose it. Show your agent and other relevant parties where you are keeping it.

When considering whether to get a power of attorney, it’s critical to have a full understanding of the legal implications of the document and how to effectively complete the process in order to decide on the path that is right for you in your estate planning journey.

Plan Your Bright, Arizona Future with Confidence

Whether you have decades of career experience and want to learn how to protect your wealth so that it is passed on to your loved ones or are starting to work and would like to learn more about estate planning in general, contact our firm. The legal professionals at Glazer, Hammond, Ruben & Smets, PLLC are here to answer your questions and concerns. Reach out to one of our experienced lawyers today to learn about how you can protect your future, and have peace of mind with a will, trust, or power of attorney document.