Legal Question in Elder Law in Arizona

Re: power of attorney

I strongly recommend that your in-laws get prepare and execute a Durable Health Care Power of Attorney and a Durable Financial Power of Attorney as soon as possible. It must be established that they have the legal capacity to make powers of attorney. If they are not competent, then your wife should petition the court for appointment as guardian and conservator for each of them. Your wife needs legal authority to take care of them, to access medical information, to deal with doctors, hospitals, insurance companies, social security and others. Legal capacity to make a will or power of attorney is much less than being able to manage a business or their own business affairs, investment decisions, etc., but they still need to be able to know who they are, who are their heirs, what are their assets and how to make an informed decision regarding appointing an agent to act on their behalf.

Act now, do not hesitate, given their ages and circumstances.

Don Scher