Table of Contents
- What Is Power of Attorney?
- Types of Power of Attorney
- Medical Power of Attorney
- Executing Medical Power of Attorney in Arizona
- What Happens Without Power of Attorney in Arizona?
What Is Power of Attorney?
Power of attorney (POA) is a legal document that gives another party the right to make decisions on behalf of the person signing the document. The document can be very broad in scope, allowing the person issuing the document to make decisions in many areas of life. It can also be very specific and limited to a particular type of decision-making. The POA is typically issued by an adult who is competent to make his or her own decisions.
Types of Power of Attorney
There are different types of power of attorney documents. General POA grants decision-making authority over all of the person’s affairs. A special POA grants decision-making authority only in a specific area. For example, a special POA could grant authority over medical decisions only, or decision-making authority related to a specific real estate transaction.
Medical Power of Attorney
A medical power of attorney (MPOA) grants decision-making authority over medical care to another person. This type of POA is often used when an adult is not able to make health care decisions for him or herself, such as in cases of severe illness or injury. The document grants the person with decision-making authority the right to make decisions on the individual’s behalf in regards to medical treatment and care.
Executing Medical Power of Attorney in Arizona
In Arizona, medical powers of attorney must meet certain requirements to be legally valid. The document must be signed in the presence of a notary public and two competent witnesses, and it must be dated. The document should include the name of the individual granting the power and the name of the individual receiving the power. Additionally, the document must include a statement that the individual granting the power is competent and of sound mind.
In Arizona, a medical power of attorney must be notarized by a notary public. This is to ensure that the document is legally binding. The notary verifies the identity of the person executing the document and witnesses them sign the document. The notary will then affix a notary stamp or seal to the document.
Once the medical power of attorney has been executed and notarized, it must be filed with the court in the county in which the individual granting the power lives. The filing fee is typically around $25 and the document should be accompanied by a completed application. The court will review the document, and if it is found to be valid, the document will be filed and kept on record.
What Happens Without Power of Attorney in Arizona?
If an individual does not have a medical power of attorney in Arizona, the court may appoint a guardian to make medical decisions on the individual’s behalf. This could be the individual’s spouse, a family member, or a friend. In some cases, the