Arizona and New Mexico Power of Attorney Laws
A power of attorney is a legal instrument that allows a person to grant decision-making authority to another person or entity. This document is especially important in the event of incapacity. Most often, powers of attorney are limited to areas concerning medical care and property decisions. Depending upon the wording of the document, a power of attorney can give another person, typically a spouse or adult child, either full or limited control over decisions. A medical power of attorney is not a living will. A living will (advanced health care directive) dictates the extent and type of medical care desired by the individual, typically at the end of life. A medical power of attorney gives another individual the right to enforce the terms of the living will and make decisions on the patient’s behalf in the event that specific health care decisions are not covered in the living will.
Why You Should Have a Power of Attorney
Most often, the state recognizes that spouses automatically have authority to make health care decisions for an incapacitated spouse. A power of attorney is important, however, if one or both spouses become incapacitated and unable to make critical decisions regarding the other spouse’s medical care and financial matters. Elderly people often grant final power of attorney to one or more adult children. To reduce the possibility of a dispute between your agents, it is important to properly draft the powers of attorney.
Morris Hall, PLLC, has been helping families meet their life-care and long-term planning needs for more than 30 years. If it is time to consider the benefits of a power of attorney for your family, talk to us right away. We will provide a clear explanation of the advantages and benefits, as well as the limitations.
We have experience in these areas of elder care:
- Medical and property (financial) powers of attorney
- Living wills, advanced health care directives
- Mental health powers of attorney
- Conservatorships and guardianships
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