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Considering Power of Attorney in Arizona?

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If you are searching for power of attorney lawyers in Phoenix or Scottsdale, Moshier Family Law can help!
How Do I Find a Power of Attorney Lawyer Near Me?

if you are around the Scottsdale area, our Power of Attorney Lawyers can help! Our estate planning attorneys can help you know decide when or if you need a power of attorney, and how having one can help you with estate planning.

What is a Power of Attorney?

A Power of Attorney is a document by which an individual grants authority to another to act in his/her place and behalf. The person who grants the power and authorizes another person to act on his/her behalf is known as the principal. The person who is empowered to act under the terms of the document on behalf of the principal is known as the agent or the attorney-in-fact.

Subjects included under a power of attorney could be far-reaching. In most cases, however, a power of attorney is used to discuss issues related to health issues and finances.

Types of Powers of Attorney

Not all powers of attorney are going to be the same. They differ not only on the subject matter they discuss but also on the conditions in which the power becomes executable. Here are examples of the different types of powers, and how they can be used:

1. General vs. Durable Power of Attorney

A general power of attorney awards to the attorney-in-fact or agent complete authority to act on behalf of the principal instantly upon execution relating to all matters expressly set onward in the general power of attorney. The general power of attorney can award broad powers or powers that are limited or anything between them. A general power of attorney terminates if and when the principal comes to be incapacitated. If the principal wants to have the power of attorney to endure the incapacity of the principal, then the power of attorney becomes “durable power of attorney”. A power of attorney can be either general, durable, or both general and durable.

A durable health care power of attorney enables you to name a particular person to make decisions regarding your health care in case you become incapacitated and are unable to make those types of decisions. The document should facilitate your wishes and provide instructions to the agent regarding medical treatment.

A financial power of attorney enables you to designate an agent to deal with financial matters on your behalf. This could include anything from paying household bills to selling or purchasing property, to collecting your Social Security benefits, to paying your taxes, etc. Whether the power of attorney is general, durable or both general and durable should be detailed in the document. In some cases, it can make sense to make the power of attorney effective straight away (and therefore general). In other cases, it can make sense to make the power effective only in the event that the principal becomes incapacitated. In the latter case, it is referred to as a durable power of attorney that comes into use only after the instance of incapacity of the principal. The power of attorney may also define what constitutes as “incapacity” thereby not needing the agent or attorney-in-fact to look outside the power of attorney when dictating the definition of what established the “incapacity” of the principal.

Medical records are closely safeguarded by health care providers and under federal law. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) specifically limits disclosure of those records and any related information. But what happens if you become ill, your agent or attorney-in-fact is required to make medical decisions concerning your treatment, and the agent cannot get access to your medical records? A general power of attorney for medical records designates your agent or attorney-in-fact with the power to access your medical records under HIPAA so that that the agent can make better, more knowledgeable decisions concerning your medical care.

A Special Power Of Attorney is where you decide the powers an agent can exercise on your behalf. Some common matters handled in this situation include:

  • Real estate management
  • Property selling
  • Handling business transactions
  • Debt collection

These are just some examples of the more everyday types of powers of attorney that can assist in the planning and administration of your estate.

Do I Need a Lawyer to Get a Power of Attorney?

Not really but having one may give you additional peace of mind. Truth is, everyone’s situation is going to be different and yours may need more expertise. The following information can help you decide whether you need an attorney or not.

 
Deciding If a Power of Attorney is Right for You

Whether power of attorney will make sense for you depends on a couple of factors. As knowledgeable and experienced Scottsdale estate planning lawyers, we have discovered that the decision is best made on the basis of an extensive estate plan discussing financial, personal health, and other related issues. If you would like to investigate the subject of how a power of attorney can help in planning your estate, contact Moshier Family Law to schedule an appointment.

 

Sources:

 

1. I Need a Lawyer to Write a Durable Power of Attorney?” Findlaw, healthcare.findlaw.com/patient-rights/do-i-need-a-lawyer-to-write-a-durable-power-of-attorney.html.

2. Mack & Pace Attorneys At Law, http://www.mackpace.net/powersofattorney.htm.

3. ily and Children’s Medicaid MA-3320 RESOURCES, www2.ncdhhs.gov/info/olm/manuals/dma/fcm/man/MA3320-04.HTM.

Speak with our Power of Attorney Lawyers in Scottsdale Today

Get advice from the Scottsdale Power of Attorney Lawyers at Moshier Law today. Call or contact to start your free consultation today. Our estate planning lawyers in Scottsdale can help with Wills, Family Trusts, Power of Attorney, Probate, Guardianship, and Conservatorship. Give us a call today for a free consultation

 

The Moshier Law is here to help you and your loved ones feel secure about your financial future during the Estate Planning process. Throughout the Estate Planning process, we will treat you and your loved ones with the proper respect and dignity your last will and testament deserves. We also aid with creating a living trust, power of attorney, advance health care directives, trust administration, and other estate planning issues.