Understanding Durable Power of Attorney DPOA and Its Importance

United States, 14th Nov 2024 - A Durable Power of Attorney (DPOA) differs from a standard Power of Attorney because it remains valid even if the principal becomes incapacitated, ensuring continuity in managing their affairs. Mark Fishbein at ALTA Estate assists Tucson residents in creating both types of POAs to meet their specific needs, offering security and preparedness.

What is a General Durable Power of Attorney?

A General Durable Power of Attorney grants the agent broad authority to manage various aspects of the principal's life, including financial transactions, real estate dealings, and legal matters. ALTA Estate provides guidance to ensure the POA document covers all necessary areas and clearly defines the agent's authority.

Durable Power of Attorney for Health Care

A Durable Power of Attorney for Health Care authorizes the agent to make medical decisions for the principal if they become unable to do so. These decisions may include treatment choices, medical procedures, and end-of-life care preferences. ALTA Estate, led by Mark Fishbein, helps clients draft healthcare POAs that reflect their personal wishes.

The Role of the Attorney-in-Fact

The agent, or "attorney-in-fact," is the person designated to act on behalf of the principal. Their duties can range from handling financial matters to making healthcare decisions, depending on the POA’s scope. ALTA Estate ensures that the appointed agent is fully aware of their responsibilities.

Understanding the Difference: Durable Power of Attorney vs. Living Will

A Living Will outlines the principal's preferences for medical treatment and end-of-life care but does not appoint an agent. In contrast, a healthcare DPOA allows an appointed agent to make these decisions. ALTA Estate helps clients create both documents to work in harmony for complete healthcare planning.

Obtaining and Revoking a Durable Power of Attorney

To create a DPOA, the principal must complete and sign the necessary legal forms, usually in front of a notary or witnesses. If the principal wishes to revoke the DPOA, they must inform the agent in writing and notify any relevant parties. ALTA Estate provides assistance with setting up and revoking POAs to ensure compliance with legal requirements.

What Does "Durable" Mean in a Power of Attorney?

A "durable" Power of Attorney continues to be effective even if the principal loses the capacity to make decisions. This feature is essential for long-term planning, allowing the agent to manage the principal's affairs without interruption. ALTA Estate specializes in drafting durable POAs for added security.

Choosing the Right Power of Attorney

The most suitable form of POA depends on the principal's needs. A Durable Power of Attorney is ideal for those seeking long-term management of their affairs. Mark Fishbein at ALTA Estate can help determine the best type of POA to suit individual circumstances.

Durable Power of Attorney in Arizona

In Arizona, a Durable Power of Attorney grants the agent authority over financial, legal, or healthcare matters even if the principal becomes incapacitated. Arizona law requires the DPOA document to be notarized. ALTA Estate ensures all legal requirements are met for Tucson residents.

Termination of a Durable Power of Attorney in Arizona

A DPOA in Arizona ends upon the principal's death, the principal's revocation, or a court order. It can also terminate if the agent resigns or is incapacitated, and no successor agent is designated. Mark Fishbein offers guidance on properly ending a DPOA when necessary.

Duration of a Power of Attorney in Arizona

A Durable Power of Attorney remains effective until the principal’s death or until it is revoked. It allows the agent to act on behalf of the principal even during incapacitation, ensuring continuous management of the principal’s affairs. ALTA Estate provides services to maintain the POA’s validity as long as needed.

Seeking Expert Assistance in Estate Planning

Establishing a Durable Power of Attorney is crucial for a well-rounded estate plan, ensuring uninterrupted management of your affairs if you are incapacitated. The experienced team at ALTA Estate, led by Mark Fishbein, helps Tucson residents create POAs tailored to their needs, covering financial, legal, and healthcare decisions. Contact ALTA Estate for professional guidance and to secure peace of mind for you and your family.

The text above is for general informational purposes and should not be considered legal advice. For more information, click Contact Us. Follow Mark Fishbein Tucson Estate Planner, on LinkedIn or Facebook. Estate Planning Attorneys Tucson and Tucson Trust Lawyers

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