Legal Question in Elder Law in Arizona

I have been the Power of Attorney (financial and medical) for my mother since she was 84 years of age. I also helped divide up her assets, limited as they were, per her requests upon her death which occurred recently.

I am not trying to be selfish or expect something for just doing the right thing. However, in general is there a customary remuneration for carrying through with those responsibilities?


Asked on 6/05/11, 9:56 pm

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

The authority under the POA ceases the moment that your mother passed away. If you divided up the assets prior to her death and according to her instructions, then the legal question is whether or not those were completed gifts, and her estate had nothing in it. You are not entitled to be paid anything for acting as her agent under her POA, unless there is a specific provision in the document allowing for payment.

If you were to be appointed by the probate court as personal representative of her estate, then you are entitled to be compensated "reasonably" for the work you do as personal representative and you are also entitled to legal counsel, paid for by the estate.

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Answered on 6/05/11, 10:18 pm


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