Morris Hall, PLLC

Estate Planning Attorneys

MakePayment with multiple options
CALL NOW: 1 (888) 222-1328
  • Home
  • Our Firm
    • About Morris Hall
    • Attorneys
    • Our Team
    • Morris Hall Core Values
    • Communities We Serve
      • Carefree
      • Flagstaff
      • Mesa
      • Oro Valley
      • Phoenix
      • Prescott
      • Scottsdale
      • Sedona
      • Tucson
    • Career Opportunities
  • Estate Planning Services
    • Advanced Estate Planning
    • Asset Protection
    • Power of Attorney
    • Trust Administration and Probate
    • Wills and Trusts
  • Resources
    • Blog
    • Do I Need an Estate Plan?
    • Elder Law Reports
    • Elder Law Resources
      • Phoenix Elder Law
      • Tucson Elder Law
    • Estate Planning Problems
    • FAQs
    • Probate Resources
      • Probate
      • Flagstaff Probate
      • Phoenix Probate
      • Sedona Probate
      • Tucson Probate
    • Published Books
      • Don’t Go Broke in a Nursing home
      • Tax Free Money for Long-Term Care!
    • Recent Law Changes and Improvements Affecting Arizona
      • Update My Living Trust
    • Reports
    • Videos
    • What to Do When Death Occurs
      • What Not To Do When Someone Dies
      • Who To Contact After A Loved Ones Death
  • Reviews
    • Testimonials
    • Review Us
  • Locations
  • Events
    • Seminars / Webinars
    • Past Webinar Recordings
  • Contact
    • Consultation Policy
    • Contact Us
    • Discounts

What is a Power of Attorney?

July 31, 2014 by Morris Hall, PLLC Leave a Comment

Several clients have called me lately asking about their power of attorney document. Most are familiar with this document and have a pretty good idea what it is and how it is used. For those who are not, and since not all powers of attorney are created equal, let me give you a primer.

First, the person creating the power of attorney and granting powers to someone else is called the principal. And while most people say they are the “power of attorney” for someone else, the correct title for the person acting on behalf of the principal is the “attorney-in-fact.” Thus, when the attorney-in-fact (for example, Billy Bob) signs a document on behalf of the principal (Susie Sue), the correct legal signature should look something like “Susie Sue, by Billy Bob, her attorney-in-fact.”

Second, powers of attorney have a wide range of names. For example, one might be called a financial power of attorney, and another might be called a property power of attorney. Generally, the name refers to the types of powers the principal is granting to the attorney-in-fact.

Third, powers of attorney can be general or special or limited. If a power of attorney is general, it grants a wide range of powers upon the attorney-in-fact. Alternatively, if a power of attorney is special or limited, only limited powers are granted, maybe for a special purpose or situation. Most commonly you will see a special power of attorney for real estate granting to the attorney-in-fact only the powers necessary to complete a specific real estate transaction for the principal.

Fourth, not all powers of attorney come into effect at the same time. You commonly hear about durable powers of attorney and springing powers of attorney. If a power of attorney is durable it remains effective even after the principal becomes incapacitated. A springing power of attorney means that it springs into effectiveness as the result of a certain situation, most commonly when the principal becomes incapacitated.

While powers of attorney seem to be pretty straightforward, there are several intricacies and significant decisions to be made based on the principal’s circumstances. It is a powerful document and should not be treated lightly. Please come in to see us to learn more about this document and how we can craft a power of attorney as part of a comprehensive estate plan to meet your specific needs.

What the Attorneys of Morris Hall Can Do For You:
The attorneys at Morris Hall have 100’s of years of combined experience ensuring that families’ assets are protected from probate, unnecessary taxes, creditors, ex-spouses and Medicaid spend-down.  The attorneys also help those in Arizona to apply for and receive Medicaid assistance and Veterans Benefits.  Our Arizona offices are located in Phoenix, Mesa, Scottsdale, Cave Creek, Tucson, Prescott, Flagstaff and Arrowhead.    Contact us today at 888.222.1328 to schedule an appointment

This blog should be used for informational purposes only.  It does not create an attorney-client relationship with any reader and should not be construed as legal advice.  If you need legal advice, please contact an attorney in your community who can assess the specifics of your situation.

  • Author
  • Recent Posts
Morris Hall, PLLC
Morris Hall, PLLC
Morris Hall, PLLC
Latest posts by Morris Hall, PLLC (see all)
  • How to Be Sure You Pick the Right Fiduciaries - March 24, 2023
  • How to Protect Your Incapacitated Wealthy Grandparents - March 23, 2023
  • Arizona Probate Fees - March 22, 2023

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

MH logo

Main Office

7600 N 16th St, Ste 105

Phoenix, AZ 85020

Phone: 602-249-1328

Fax: 602-248-2887

Subscribe to Our Newsletter

For a sample Click Here

Offices

Our law firm proudly serves many areas in Arizona. See all of our locations here.

Our law firm proudly serves the state of Arizona.  See all of our locations here.

Toll Free: 888-222-1328

Mon-Thur: 8:00am – 5:00pm
Fri: 8:00am – 4:00pm

  • Linkedin
  • Twitter
  • Facebook
  • Youtube
  • Instagram

Need an Estate Planning Lawyer in Arizona?

Looking for an estate planning attorney near you? We have office locations in Phoenix, Mesa, Chandler, Scottsdale, West Valley, Carefree, Prescott, Sedona, Flagstaff, Tucson, and Oro Valley in Arizona so please visit us at the location that is closest to you.

  • © 2023 American Academy of Estate Planning Attorneys, Inc All rights reserved.
  • Disclaimer