What to Include in a Power of Attorney

Whether it’s an accident, illness, or disability, there could come a time when you can no longer manage your own affairs. Making legal preparations for these circumstances is crucial so your loved ones understand your preferences. In Arizona, a power of attorney  (POA) can accomplish this goal.

A power of attorney is a legal document often included in estate plans that grants a trusted individual specific authority to make decisions for you. Depending on the type of POA, your agent may be able to make legal, financial, or medical decisions on your behalf. Drafting these documents can guide your family in knowing what to do in the event of your incapacity. However, it’s essential to ensure your POA includes several key components to be valid in Arizona. Here’s what you need to know.

Identify the Parties

Your power of attorney contract must identify you (the principal) and the individual you entrust to make decisions on your behalf (the agent). It should include the agent’s legal name, address, and contact details to make it easy to identify and contact them if necessary. You may also name an alternate agent if the primary agent cannot perform their duties.

Outline the Scope of Authority

In Arizona, various types of POAs grant agents with decision-making authority. For example, a medical power of attorney allows someone to make healthcare decisions for you. However, you might want another individual in charge of your financial decisions. In that case, you could also draft a financial POA. The scope of a POA can be customized to be as broad or narrow as you choose. No matter the scope, the document should use clear and concise wording to avoid ambiguity.

List Effective Date and Duration

The power of attorney should specify when it becomes active. Some POAs take effect immediately upon signing, while others only become active once certain conditions are met. For example, you may have a POA that only goes into effect when a doctor deems you incapacitated. By contrast, a durable power of attorney can remain in effect long-term. The type of POA you choose depends on your specific needs.

State the Agent’s Responsibilities and Legal Obligations

The agent is responsible for acting in the principal’s best interests and following any directions outlined in the contract. They must also keep accurate records of any financial transactions and healthcare decisions they make and avoid any conflicts of interest.

When choosing an agent, it’s vital to ensure that they understand their obligations under the POA.

Dates of Execution and Revocation

Any powers of attorney must include the principal’s signature, the signature of at least one witness, and the date it was signed. A notary must also sign the POA in Arizona. The document should also outline terms for how and when the principal can revoke it. Usually, a principal can revoke a POA at any time as long as they are mentally competent.

Contact Our Arizona Estate Planning Attorneys

Planning for potential incapacity can give you confidence that your affairs will be managed according to your wishes if the worst happens. If you need help drafting or updating a power of attorney in Arizona, contact the experienced estate planning attorneys at Brown & Hobkirk, PLLC for a free consultation.