Durable vs. Springing
- Durable power of attorney: Takes effect right away upon signing. It stays in effect if you become incapacitated. This is the most common type in Arizona estate plans.
- Springing power of attorney: Only takes effect when a specific event occurs. Usually, a physician must determine you are incapacitated. This adds a safeguard, but the activation process can cause delays.
Why It Matters
Without a financial power of attorney, your family may need to ask the court for a conservatorship. That process is expensive, time-consuming, and public. A financial power of attorney avoids all of that by naming someone you trust in advance.
A financial power of attorney ends at your death. After death, your successor trustee or personal representative takes over.