Powers of Attorney

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Favour & Wilhelmsen, PLLC has been an integral part of the Prescott area legal community for over 45 years. You can expect exceptional legal representation from the initial consultation through the resolution of every matter.

Powers of Attorney in Prescott, Arizona

Life can be unpredictable — which is why planning for incapacity is just as important as planning for death. A power of attorney (POA) lets you appoint someone you trust to make financial, legal, or medical decisions if you are unable to do so yourself. At Favour & Wilhelmsen, PLLC, attorney David K. Wilhelmsen helps clients throughout Prescott, Yavapai County, and Northern Arizona create clear, legally enforceable powers of attorney that protect them and their loved ones.

What Is a Power of Attorney?

A power of attorney is a legal document granting authority to another person — called an “agent” or “attorney-in-fact” — to act on your behalf. There are several types of POAs, including:

Durable Financial Power of Attorney: Allows your agent to manage financial matters such as paying bills, managing accounts, or selling property.
Health Care Power of Attorney: Names someone to make medical decisions if you are unable to communicate or make decisions on your own.
Mental Health Care Power of Attorney: Specifically authorizes decisions about psychiatric treatment.
Limited or Special Power of Attorney: Grants authority for a specific purpose or limited period of time.

Why a Power of Attorney Matters

Without a valid POA, your loved ones may need to go through a court process called guardianship or conservatorship to make decisions for you. This process can be expensive, stressful, and time-consuming. A POA allows you to:

Choose who will make decisions for you instead of leaving it to a judge.
Avoid family conflict by naming one or more trusted agents.
Ensure your bills, property, and medical needs are handled promptly and properly.
Maintain control by specifying exactly what powers your agent will have.

Arizona Legal Requirements

Arizona’s laws (A.R.S. Title 14, Chapter 5) set out specific rules for valid powers of attorney. Typically, a POA must:

Health Care POAs often require a separate form and must be signed and witnessed or notarized to be valid.

Common Challenges People Face

Many people either skip creating a POA or rely on outdated documents because they:

Believe a spouse or child automatically has decision-making authority.
Don’t realize that different powers of attorney are needed for health and finances.
Worry about giving too much power to another person.
Forget to update their POA after divorce, death, or other life changes.

These oversights can leave families scrambling during a crisis.

Myth-Busting: Powers of Attorney

“My spouse can automatically handle everything.”

Not always — many institutions require a valid POA to grant access.

“I only need a POA when I’m old.”

Accidents and illness can happen at any age — it’s smart planning for adults of all ages.

“I can download a free form online.”

Generic forms often miss key language and can be rejected by banks or hospitals.

"A Power of Attorney gives someone total control over everything I own."

A Power of Attorney only grants the powers you specifically choose to give. You can make it as broad or as limited as you want — for example, authorizing someone to handle only banking matters or real estate transactions. Your agent must act in your best interest and within the authority you define.

How David K. Wilhelmsen Can Help

Clear Guidance

Explains your options and the pros/cons of each type of POA.

Custom Drafting

Prepares documents that meet Arizona’s legal requirements and reflect your wishes.

Agent Selection Advice

Helps you choose the right person (or persons) to serve as your agent (or agents).

Integration with Estate Plan

Ensures your POA, living will, and other planning documents work together.

Review & Updates

Advises when to update your POA after major life events.

FAQ: Powers of Attorney in Arizona

Can I name more than one agent?

Yes, you can name co-agents or a successor agent who takes over if the first cannot serve.

Does a POA expire?

Most durable POAs remain in effect until revoked, replaced, or upon your death. Limited POAs expire when their specific purpose is complete.

Can I revoke a POA?

Yes, as long as you have mental capacity, you can revoke or replace your POA at any time.

What happens if I don’t have a POA?

Your family may need to seek a court-ordered guardianship or conservatorship, which can take weeks or months, and involve ongoing court supervision.

Advanced Certification

David K. Wilhelmsen received his certification as a Real Estate Law Specialist from the Arizona Board of Legal Specialization of the Arizona State Bar in 1991 for demonstrating advanced knowledge, skill and understanding in the practice of real estate law.

Experience

We have over 45 years of practice experience in most areas of Real Estate, Estate Planning and Probate, and Small Business law.

Local Practice

Established in 1947, David K. Wilhelmsen joined the firm in 1981 and has practiced continuously since then in the Prescott and surrounding communities.

High Martindale-Hubbell Rating

We hold AV Preeminent® rating by Martindale-Hubbell, which is given to attorneys who are ranked at the highest level of professional excellence for their legal expertise, communication skills, and ethical standards by their peers.

Responsible Solutions

We provide trusted and straight forward legal solutions to most matters you may encounter.

Benefits

Why Choose Us?

Employing Favour & Wilhelmsen, PLLC will ensure that your rights are protected, your obligations are clearly understood, and your interests are strategically represented. Whether navigating a complex transaction, resolving a dispute, or mitigating legal risk, we provide the knowledge and advocacy needed to avoid costly mistakes and strive to achieve favorable outcomes.

Take Control of Your Future Today

Don’t leave important decisions to chance. Schedule a consultation with Favour & Wilhelmsen, PLLC to ensure your Power of Attorney reflects your wishes and protects your best interests.