Chandler Power of Attorney Lawyer

Chandler Power of Attorney Law Firm

Comprehensive estate planning does more than simply prepare for after your death. It also prepares you for the care you receive during your life. Setting up documents like a living will and powers of attorney can protect you if you become incapacitated or otherwise incapable of making important decisions for yourself. Powers of attorney grant another person the ability to make those decisions. A Chandler power of attorney lawyer can help you draft these important documents.

Powers of attorney help you protect your personal interests and well-being. By establishing these powers, you know that your wishes for medical care, such as your spiritual beliefs or your wishes for pain management, will be followed. You also know that someone will be paying important bills and filing taxes. This can give you some peace in an unfortunate situation and can give you peace now knowing your future is secure.

CDM Law Firm: Understanding Your Needs in Powers of Attorney

CDM Law Firm has been helping individuals and couples with their estate planning needs for many years, and C. David Martinez has been working in law for 28 years. We know how to navigate the legal needs of basic and comprehensive estate plans, including powers of attorney. Our firm is proud to support our community by helping them protect their interests.

Powers of attorney can be adapted to your unique needs, and we work to understand those needs and what you want a power of attorney to have authority over. At CDM Law Firm, we know that discussing and planning for these events can be overwhelming. Our team is committed to bringing you the quality and experienced legal support you deserve.

What Can Chandler Powers of Attorney Do?

A power of attorney document enables you to provide another individual you trust with authority over decisions in your life. Powers of attorney can enable that person to handle certain decisions and personal matters so you don’t have to.

In an estate plan, a power of attorney is typically created so that a person can make medical or financial decisions on your behalf if you are incapacitated and incapable of making those decisions yourself. Providing someone you trust with powers of attorney if you are incapacitated can be lifesaving.

Although many people do not consider the possibility of being incapacitated, it commonly happens due to injury, illness, or organ failure near the end of your life. Incapacitation can also happen due to a sudden accident at a younger age.

During this critical time, your loved ones may have to petition the court in order to make financial and medical decisions for you. Petitioning for a conservatorship or guardianship can be very stressful and time-consuming at an already difficult time. It also makes your affairs much more public than you may want.

The Types of Powers of Attorney in Arizona

When creating an estate plan, the most commonly used types of powers of attorney are medical and durable financial powers of attorney.

1. Medical powers of attorney can make decisions for your healthcare. This document is often used alongside an advance healthcare directive, and the medical power of attorney can ensure that the wishes listed in this document are followed. If you are physically or mentally incapacitated, your medical power of attorney can make decisions about the care you receive and where you receive it.
2. Durable financial powers of attorney are able to make financial decisions if you cannot. This individual has control over your financial assets, and the ability to pay bills, collect benefits, file taxes, sell assets, and make other financial choices. Making the power of attorney durable is what enables it to be functional if you become incapacitated.

You could name the same person as both powers of attorney or choose separate individuals.

Legal Requirements for Powers of Attorney in Arizona

In order to establish a legally valid power of attorney, the following must be true:

1. You are at least 18 years old.
2. You are of sound mind, meaning that you understand the document you are creating, its consequences, and how it works.
3. The individual you are providing powers of attorney to is at least 18 and of sound mind.
4. The document is signed in front of a notary public and one other witness.
5. Any witnesses are at least 18, of sound mind, and are not the notary public, the individual being named power of attorney, the individual’s spouse, or the individual’s child.
6. Record the document with the public county recorder.

The document should also state the relevant information about the powers being provided. If it does not state that the powers are durable, meaning they extend past incapacitation, then the document is not durable.

These documents take effect if you are unable to communicate your wishes, are determined to be legally incapacitated, or are medically determined to be unable to give informed consent.

When Can You Revoke Powers of Attorney?

You can revoke the powers of attorney documents at any time, as long as you have the capacity to do so. You can also revoke the document if you wish to update it or modify the powers given to the individual. If you are incapacitated or incapable, you are not able to revoke powers of attorney.

What Are the Benefits of Powers of Attorney?

There are several benefits to establishing powers of attorney. This includes:

• The knowledge that you and your estate will be properly cared for if the worst happens
• You will not be subject to a conservatorship or guardianship if you are incapacitated, which can be costly and is not always an ideal arrangement
• Control over who makes decisions on your behalf
• You are able to discuss important wishes with your family

How Does a Chandler Attorney Help Me Establish Powers of Attorney?

An attorney can guide you through the entire process of creating powers of attorney, making it much more efficient and clearer. There are several other ways an attorney can help, including:

• Determining if a power of attorney document effectively addresses your goals
• Understanding your wishes, how those wishes translate into powers of attorney authority, and how to clearly state that in the documents
• Ensuring the powers of attorney are legally valid and enforceable
• Determining the qualifications of a potential power of attorney
• Preserving your interests and goals in the documents
• Explaining what your rights and responsibilities are
• Explaining to the individual you have given power of attorney to their rights and obligations

Planning for a worst-case scenario like incapacitation is a hard issue to confront. Working with an attorney that you feel comfortable with can help the process feel easier.

FAQs

Who Should You Select for Power of Attorney?

When selecting a person for power of attorney, it is essential to find a professional, friend, or family member who:

• Is trustworthy, reliable, and loyal to your needs
• Is able to speak up strongly on your behalf and advocate for you if others are arguing against their statements
• Understands the unique requirements, either financial, legal, or medical, of the powers of attorney
• Knows the importance of this responsibility
• Understands you, as well as your wishes, values, and goals
• Lives in close proximity

Does a Power of Attorney Need to Be Notarized in Arizona?

In Arizona, yes, a power of attorney document must be notarized and witnessed to be considered legally valid. You must sign a power of attorney in front of a notary public, along with a witness who signs a statement.

The witness cannot be the notary public, the individual you are naming power of attorney, or that individual’s spouse or child. If the document is not notarized and witnessed, it is invalid and cannot be upheld in court to protect your needs. Instead, your loved ones will have to go through other court methods to make decisions for you.

How Do I Get Power of Attorney in Arizona?

In order to get power of attorney in Arizona, you must:

1. Determine who you want to make important decisions on your behalf
2. Decide the scope of authority you want to provide that person
3. Determine whether to make the power durable, meaning it exists after you become incapacitated
4. Fill out the necessary legal forms with a notary and a witness
5. Hold onto copies of the power of attorney documents and store them safely
6. In some cases, record the document with the county recorder

An attorney can help you with this process.

How Long Is a Durable Power of Attorney Good for in Arizona?

Durable power of attorney in Arizona lasts until it is revoked by the individual who created it or until the death of either the person who created it or the person named power of attorney. This is the case in most durable powers of attorney and does not apply to limited or special powers of attorney. A durable power of attorney can be revoked by the creator at any time as long as they are not incapable or incompetent.

What are the types of Powers of Attorney your firm offers?

A Durable Financial Power of Attorney and Durable Health Care Power of Attorney come standard with each of our package options. We also offer Durable Mental Health Care Powers of Attorney.

Do you serve clients outside of Maricopa County?

Because our offices are located in Chandler, Arizona, our services are largely geared towards those within Maricopa County. However, because many of our clients own properties outside of Maricopa County, we are familiar with the deed recording procedures for many Arizona and out-of-state counties.

Can you come to me to sign my Estate Planning documents, or do I have to come to your of

We prefer to have clients visit our offices. The professional and confidential environment of our conference rooms allows us to accomplish your goals without interruption. However, we recognize that some of our clients are unable to travel due to health reasons. In these limited circumstances and within reason, we can make arrangements to travel.

Talk With a Chandler Power of Attorney Lawyer Today

At CDM Law Firm, we can help you secure your personal and financial future with a comprehensive estate plan. Contact our firm today to see how we can help you establish powers of attorney for more certainty in your life.