Many people believe estate planning only concerns instructions for the distribution of assets upon their death. A comprehensive estate plan includes many other elements, however. Without an effective overall strategy, you might not be able to leave the legacy that you intended. Moreover, working with a knowledgeable attorney can also ensure that your wishes are respected during your lifetime, especially if you become unable to make or communicate important decisions.

One of the most vital tools in any estate plan is a durable power of attorney (DPOA). Under Arizona law, this legal instrument enables an individual, known as the principal, to designate someone they trust to handle their affairs in the event of the principal’s incapacity. The person who is granted this legal authority is referred to as the agent or attorney-in-fact.  

While a power of attorney can be used for several different purposes, the distinction of a durable power of attorney is that it remains valid even if its creator becomes incapacitated due to illness, injury or age-related decline. You can designate your agent to have control over all types of decisions, or limit their authority to certain areas, such as financial or healthcare matters.

Without a DPOA, indecision about who is in charge during a medical crisis could lead to confusion and conflict among your loved ones. There could also be serious financial ramifications if no one is in control while you are incapacitated. Establishing a valid DPOA can save your family from having to seek court intervention through a guardianship and/or conservatorship. If you own a business, a DPOA ensures operations continue smoothly, as your agent can make necessary decisions and transactions.

Creating a durable power of attorney requires thoughtful consideration. You must choose an agent you trust completely and discuss your wishes with them. In Arizona, a DPOA must comply with state laws to be valid, including being signed in the presence of a notary or witnesses.

A durable power of attorney is a cornerstone of comprehensive estate planning. Don’t leave your future to chance—contact Joseph M. Udall, PLC in Mesa today to schedule a consultation. We can help you draft a DPOA that protects your interests and provides peace of mind for you and your loved ones. Please call (480) 500-1866 or contact us online for an appointment.