Experienced Arizona Ancillary Probate and Trust Attorney Arizona Ancillary Probate Lawyer Matthew L. Howell Attorney at Law
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Frequently Asked Questions And Answers for:

Durable Powers of Attorney

  1. WHAT IS THE PRIMARY FUNCTION OF THE GENERAL DURABLE POWER OF ATTORNEY IN MY ESTATE PLAN? -- The general durable power of attorney is a document that names another person(s)--as attorney in fact--to (a) make personal welfare decisions, (b) manage finances, and/or (c) make health care treatment decisions for you (usually) when you are unable to do this for yourself. "General" powers of attorney give a very broad grant of authority to act on behalf of the client; whereas a "Limited" power of attorney gives only specialized decision making authority. The "durable" power of attorney allows the attorney in fact to continue acting on your behalf even if you become mentally or physically incapacitated.

  2. WHAT IS THE ADVANTAGE OF HAVING A DURABLE POWER OF ATTORNEY? -- The named attorney in fact can make personal welfare decisions for you, manage your finances, or make health treatment decisions for you, even if you become mentally incapacitated, thus avoiding having a court appoint a guardian and/or a conservator to do that for you.

    Durable Powers of Attorney
  3. ARE THERE ANY DISADVANTAGES TO HAVING A DURABLE POWER OF ATTORNEY? -- Since most powers of attorney grant very broad authority to the attorney in fact to make personal and medical decisions and manage finances for you, you need to select a person who is trustworthy and will in fact carry out these decisions solely for your best benefit and not use them for unauthorized purposes. One way to minimize improper activity is to put a provision in the power of attorney indicating that it will not go into effect until a physician examines you and determines that you are unable to make these decisions for yourself.

  4. WHEN DOES THE GENERAL DURABLE POWER OF ATTORNEY END? -- Under the law when you die or revoke the power,the authority of the attorney in fact ends.

  5. WHAT WILL IT COST ME TO HAVE A WILL PREPARED BY AN ATTORNEY? -- Assuming you wish to have your General Durable Power of Attorney prepared by Arizona licensed, experienced, estate planning attorneys, rather than the many lesser (and cheaper) alternatives, expenses to prepare one vary by location in the greater Phoenix area. Expect to pay more for plans prepared by the larger (downtown) Phoenix law firms as well as firms in east Phoenix, Scottsdale, Paradise Valley, Carefree, and Tempe; lower charges can generally be expected elsewhere in the county. Generally a simple power of attorney begins about $75 per client.

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