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Durable Power of Attorney

Foundational Estate Planning

Put Someone You Trust in Charge with a Durable Power of Attorney

A Durable Power of Attorney lets you choose someone you trust to manage your financial and legal affairs if you need assistance, are unavailable, or become incapacitated. Put that authority in place now so your loved ones aren’t left without a clear way to help when you need it.

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What it does

Give Someone Authority to Manage Your Affairs

Your financial agent can step in to pay bills, manage accounts, handle property matters, and carry out other financial and legal responsibilities according to the authority you grant in your Durable Power of Attorney. This gives someone you trust the ability to handle matters on your behalf when you need assistance or can no longer manage them yourself. Without a Financial Power of Attorney in place, your loved ones may have to go to court and have you professionally evaluated before they can step in to help. Planning ahead gives your loved ones a clearer, faster way to act when you need support.

Who it’s for

Is a Durable Power of Attorney Right for You?

An Arizona Durable Power of Attorney is an important part of planning ahead and may be the right choice if you:
  • Want to put your wishes in writing, choose who inherits your assets, or name a personal representative to administer your estate.
  • Want to name a guardian for your minor children or other dependents instead of leaving that decision to the courts.
  • Are an Arizona homeowner, an unmarried partner, or part of a blended family and don’t want important decisions left to Arizona probate laws.
  • Have an estate below Arizona’s probate threshold ($200,000 in personal property or $300,000 in real estate) and are comfortable with beneficiaries receiving their inheritance outright.
  • Are creating a trust-based estate plan and need a pour-over will to help direct assets left outside your trust.

How it works

Our Five-Step Process

  • 1

    Schedule Your Free Consultation

    Meet with one of our attorneys to discuss your estate planning goals, financial responsibilities, and incapacity planning needs.

  • 2

    Choose Your Financial Agent

    Select the person you trust to manage your financial and legal affairs, along with an alternate agent if appropriate.

  • 3

    Prepare Your Durable Power of Attorney

    We’ll prepare your Durable Power of Attorney based on the authority you want to grant and when you want that authority to take effect.

  • 4

    Review & Sign Your Documents

    We’ll walk you through the document, answer your questions, and make sure you understand the authority you’re granting before signing.

  • 5

    Share Your Power of Attorney

    Receive guidance on providing copies to your financial agent, financial institutions, or others who may need the document in the future.

45+
Years Serving Arizona
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Offices Statewide
3rd
Generation Family Firm
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Estate Planning Focus

What's included

Documents you receive.

  • Financial Agent Designation

    Name the person you trust to manage financial and legal matters on your behalf.

  • Alternate Agent Designation

    Choose a backup agent who can step in if your first choice is unable or unwilling to serve.

  • Agent Powers

    Define the financial and legal responsibilities your agent is authorized to handle on your behalf.

  • Limits on Authority

    Establish any restrictions or limitations on the powers granted to your financial agent.

  • Effective Date

    Specify when your Durable Power of Attorney and your agent’s authority become effective.

  • Termination Provisions

    Document when your agent’s authority ends and the Durable Power of Attorney is no longer effective.

Why Phelps LaClair

Document when your agent's authority ends and the Durable Power of Attorney is no longer effective.

We’ll help you think carefully about who should serve as your financial agent and alternate agents, helping reduce the potential for delays, confusion, or disagreements when someone needs to act on your behalf.

Because estate planning is our sole focus, we’ll ensure your Durable Power of Attorney works on its own or alongside your Revocable Living Trust, Last Will & Testament, and other estate planning documents.

What it costs

Transparent Pricing You Can Count On

Custom Quote

Pricing depends on whether your Durable Power of Attorney is prepared as a standalone document, alongside other documents, or as part of a comprehensive estate plan. We’ll provide a flat-fee quote during your free consultation, so you’ll know the cost before any work begins.

Common questions

Your Durable Power of Attorney Questions, Answered

  • “Durable” means the authority can continue even if you become incapacitated, so your chosen agent can still help manage financial or legal matters when you are unable to act for yourself.

  • No. A Durable or Financial Power of Attorney provides someone legal authority to manage financial and legal matters on your behalf. A Health Care Power of Attorney gives someone legal authority to make medical decisions for you if you’re unable to do so yourself.

  • Most people choose a spouse, adult child, sibling, close friend, or trusted professional. The most important qualities are honesty, reliability, good judgment, and the ability to act in your best interests.

  • Yes, but we typically recommend keeping your financial agent and trustee consistent throughout your estate plan. This can help reduce confusion, ensure assets are managed for the benefit of your beneficiaries, and streamline decision-making.

  • A Durable Power of Attorney can authorize your financial agent to handle matters such as paying bills, managing accounts, dealing with property, filing tax returns, and carrying out other financial or legal responsibilities. The specific authority your agent receives depends on the powers granted in your document.

  • Without an Arizona Durable Power of Attorney, your loved ones may not have the legal authority they need to manage your financial affairs. They may need to go to court and have you professionally evaluated before they can act on your behalf.

This information is educational and not a substitute for advice from a licensed Arizona attorney.

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Meet with one of our attorneys to discuss your situation, your assets, and what matters most to you. We'll answer your questions and provide clear, upfront pricing with no obligation.

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