Legal Question in Family Law in Arizona
Power of Attorney
I have a durable power of attorney from my mother. When does it come into effect? Can I it be used in any type of situation that would normally require her to be present? Can it be used in a court of law? (i.e. if I'm there on her behalf?)
1 Answer from Attorneys
Re: Power of Attorney
Thank you for your inquiry.
Depending on how old the document is, the Power of Attorney should contain language to describe when it is in effect. There are only two choices: effective immediately or effective upon the disability/incapacity of the principal.
As the agent, you can only exercise the powers set forth in the document. Without reviewing it, I can't give any other guidance on your limitations.
If it is effective immediately, you can do anything the document allows. If it is effective upon disability, your role depends on your mother's condition. If she is compentent, you have no power. If she has been found incompetent by a physician (or otherwise if the document specifies), then you can act as her agent.
If you would like to discuss this matter further, please feel free to contact me. I can be reached at (480) 792-9770 or [email protected]. You are also welcome to fax the document to my office at (480) 792-9771, and I will review it and let you know what I find.
Sincerely,
Monica H. Donaldson, Esq.
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