General Power of Attorney w/ Durable Provision
Please explain what initialing this Provision would do and what it would not allow if it were not initialed? Please put it in plain, and simple terms. The form we have is worded, ”If the blank space in the block to the left is initialed by the Principal, this power of attorney shall not be affected by the subsequent disability or incompetence of the Principal.” Thank you.
Re: General Power of Attorney w/ Durable Provision
Powers of attorney that are not “durable,” cease to be of any force or effect the moment that the principal is incapacitated. All powers of attorney cease to be of any force or effect at the death of the principal. Therefore, by checking the box that makes the power of attorney durable, the principal is confirming that the agent can make decisions and take action even though the principal is unable to act for himself.
Donald Scher
Donald T. Scher & Associates, P.C.
2200 E. Camelback Rd., #102
Phoenix, AZ 85255
Re: General Power of Attorney w/ Durable Provision
Beware of many “forms” floating around for powers of attorney. Many do not meet the requirements of the 1998 Arizona statutes, and do not protect the principal or the agent. You get what you pay for.
James Jenkins
Jenkins Law Center PLC
6315 East Main Street, Suite One
Mesa, AZ 85205