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Powers of Attorney

Financial Power of Attorney

Arizona recognizes legal documents executed by a person to direct decisions concerning finances and health care if that person later becomes incapacitated. Documents concerning property and finances are known as powers of attorney. Documents relating to health care are typically referred to as health care directives.

A power of attorney may be durable or nondurable. A nondurable power of attorney allows the appointed agent to exercise the powers until the principal dies or becomes incapacitated. A durable power of attorney arises where the principal designates another person to act for him even after incapacity.

Health Care Directives

Arizona recognizes

  • Health care powers of attorney

  • Pre-hospital medical care directives

  • Living wills

  • Mental health care powers of attorney

Individuals use these various documents to address health care decisions in the event of incapacity.

In the event an Arizona resident has not appointed an agent, surrogate or guardian for health care decisions, then the health care provider must make reasonable efforts to contact other family relatives or related individuals. In certain situations a patient’s attending physician may act as a surrogate for health care decisions.

Who Should Be Your Agent?

You may wish to choose a family member to act on your behalf. Many people name their spouses or one or more children. In naming more than one person to act as agent at the same time, be alert to the possibility that all may not be available to act when needed, or they may not agree. The designation of co-agents should indicate whether you wish to have the majority act in the absence of full availability or agreement. You should name a successor agent to address the possibility that the person you name as agent may be unavailable or unable to act when the time comes.

There are no special qualifications necessary for someone to act as an attorney-in-fact except that the person must not be a minor or otherwise incapacitated. The best choice is someone you trust.

Contact us today. We look forward to hearing from you.

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