What is a durable power of attorney?

A durable power of attorney is a document used in Estate Planning Law that allows someone to designate an individual (known as an “Agent”) to act on their behalf. The document is durable because it stays in effect even if the person who created it becomes incapacitated due to accident, illness, or other reasons. In Arizona, the person creating the document is referred to as the “Principal” and must be at least 18 years old and mentally competent. The Agent’s responsibilities include making financial and medical decisions on behalf of the Principal such as managing bank accounts, food stamps, and Social Security benefits. They may also make decisions regarding the Principal’s medical care and treatment. When creating a durable power of attorney, the Principal should consider the following: who will act as their Agent, what powers and responsibilities they would like the Agent to have, and what limits they would like to set. Additionally, the Principal can choose whether the document should become effective immediately upon signing or upon the occurrence of an event specified in the document. Finally, a durable power of attorney can be revoked at any time by the Principal, but it must be done in writing. It is also important to note that when the Principal passes away, the durable power of attorney ceases to have any effect and will not be part of the probate process.

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What is a durable power of attorney?

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