Powers of Attorney

A Financial Power of Attorney covers money and property matters like paying bills, managing bank accounts, and handling real estate. A Medical Power of Attorney covers healthcare decisions like approving treatments, choosing doctors, and making end-of-life care choices. They are two separate documents, and most estate plans include both.

"Durable" means the document stays valid even if you become mentally incapacitated. In Arizona, a Medical POA is automatically durable. For a Financial POA, you must include specific language stating it survives your disability or incapacity. Without that language, the POA would end the moment you become unable to manage your own affairs, which is exactly when you need it most.

A durable (non-springing) Financial POA takes effect immediately when you sign it and remains valid through incapacity. A springing Financial POA only activates when a specific event occurs, usually when a doctor certifies you are incapacitated. Many attorneys recommend the durable option because springing POAs can cause delays when banks or institutions require proof of incapacity before acting.

Any competent adult can serve as your agent. For a Medical POA, your agent cannot be someone directly involved in providing your healthcare at the time you sign the document. For a Financial POA, the witness cannot be the agent, the agent's spouse or children, or the notary. Choose someone you trust completely, since they will have significant authority over your affairs.

Yes. You can revoke either type of Power of Attorney at any time, as long as you are mentally competent. You should provide written notice to your agent and any institutions (banks, hospitals, county recorder) that have copies. We recommend reviewing your POA documents every few years or after any major life change like marriage, divorce, or a move to a new state.

Without a POA, your family must go to court to have a guardian or conservator appointed. In Arizona, this process can take weeks and cost thousands of dollars in legal fees. The court decides who manages your affairs, and that person may not be who you would have chosen. A properly prepared POA avoids this entirely.

Powers of Attorney work alongside your living trust, will, and living will as part of a complete estate plan. Your trust and will handle what happens to your assets after you pass, while your POA documents protect you during your lifetime if you become unable to manage your own affairs. A living will outlines your specific end-of-life treatment preferences. Together, these documents cover every scenario.