Legal Question in Wills and Trusts in Arizona
durable power of attorney
can't make out this word on a
2000 durable poa form...the paragraph starts out...''to bargain and agree for, buy sell, mortgage, hypothecae, and in any and every way and manner deal in and with goods, wares and merchandise, chooses in action, and other property, wether real, personal or ----------- ''(it looks like hicoporcal but can't tell because the paper is folded and worn) any idea what this word is? The paragraph finishes with ''To make, do and transact all and every kind of business.
Please help me as the county will not record the P.O.A (even though it is notarized)because they say I need to type out a legible copy of the original.
2 Answers from Attorneys
Re: durable power of attorney
the word may be incorporeal or corporeal. You do not need to record a POA in order for you to act under that authority. Be advised, a POA ceases to be of any force or effect upon the death or incapacity of the principal. If the POA is "durable" then it has force and effect until the principal dies.
Re: durable power of attorney
I am betting the word is "mixed." Email me with your response to see if that is it.
There are only two kinds of property in the law, real (land, ie real estate) and personal (not real estate). Old fashioned lawyers, wanting to "cover all bases" often used the phrase "real, personal or mixed," which is like saying "a.m., p.m. or some of both." If the POA covers real and personal property, that's all encompassing. Regulars at the recorders office have probably seen the "real, personal or mixed" a zillion times, since old usages have a way of being repeated, especially by older lawyers, or new ones!
Good luck,
James D. Jenkins
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