Durable Power of Attorney

Estate Documents

A power of attorney that stays in effect even after you become incapacitated, unlike a standard power of attorney.

A durable power of attorney includes language stating it stays in effect during incapacity. Even if the principal becomes mentally or physically unable to act, the document remains valid. This "durable" feature is what makes it useful for estate planning.

Why Durability Matters

A standard power of attorney ends when the principal becomes incapacitated. This creates a problem. The agent loses authority at the exact moment the principal needs help most. A durable power of attorney solves this by staying in effect through incapacity.

Durable vs. Springing

General durable power of attorney: Takes effect right away upon signing and continues through incapacity. Estate planning attorneys recommend this type most often.
Springing power of attorney: Only activates when a specific event occurs, usually a physician's finding of incapacity. This offers a safeguard. However, the activation process can cause delays. HIPAA rules may also limit access to medical records.

Arizona's Position on Staleness

Arizona law (A.R.S. 14-5501) says a power of attorney is valid no matter how old it is. The one exception is if the document itself sets an end date. However, some banks may refuse to honor older papers. So updates every two to three years are a smart practice.