Power of Attorney Overview

• An agent is the person named in a power of attorney to act on one's behalf
• "Durable" means the document stays in effect when someone is incapacitated
• "Limited" means the document is in effect for only certain period of time
• The same people are often name financial power of attorney agents and successor trustees
• People often provide copies of power of attorney documents to the agents
• The Arizona Advance Directive Registry allows you to store an electronic copy of your advance directive, medical power of attorney or mental health power of attorney so it available in their central database if needed.
• Once the person creating the power of attorney passes, the document has no use

Power of Attorney and Related Documents

Should you be unable to make medical decisions yourself, having documents in place is critical. Otherwise a court will be needed to name agents to act under various powers of attorney. In both our living trust packages and last will and testament packages we include:

• HIPAA Releases
• Financial Power(s) of Attorney
• Medical Power(s) of Attorney
• Mental Health Power(s) of Attorney
• Living Wills

HIPAA Releases

These documents allow your Powers of Attorney to receive medical information from your physician. Without these documents, Powers of Attorney often run into roadblocks.

Financial Powers of Attorney

Assets titled in the name of an incapacitated person are managed by the agent named in a Financial Power of Attorney. Assets in a living trust are managed by the Successor Trustee during an incapacitation.

Duties typically include paying both physician and monthly bills. For prolonged incapacitations, completed tax returns may be required.

Health Powers of Attorney

This document legally appoints agents to make medical, surgical or hospital decisions for you if you are not able to make or communicate such decisions for yourself. It is patterned after the standard hospital admitting form power of attorney, and will be necessary to anyone needing to have you admitted to a hospital.

Durable Mental Health Powers of Attorney

This document legally appoints the agent(s) you have chosen to make future mental health care decisions for you if you become incapable of making those decisions for yourself, including admittance to a structured treatment setting with 24 hour-a-day supervision and an intensive treatment program licensed by the Department of Health Services, which is called a "level one" behavioral health facility.

Learn about:

• Revocable living trusts
• Last will and testaments
• Medical/mental health/financial powers of attorneys and living wills
• Living wills - Advanced care directives

Additional topics:

• Blended families
• Charities
• Controlling distributions
• Estate taxes
• Guardians for children
• Probate

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