Legal Question in Wills and Trusts in Arizona

legal power of attorney..

Someone I love very much wants to give me full power of attorney over him in the event of something happening to him. The sticky part is , he is still married. He wants the power of attorney to go to me while he is still married and when he files for divorce and its granted, we will be married.. There is a major trust factor in his marriage.

MY question is, can a power of attorney be handed over to someone else other than a spouse , is it legal, and what legal recourses does the spouse have over the power of attorney? Thank you for your time in reading this and for your quick response....


Asked on 8/26/03, 2:14 pm

2 Answers from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: legal power of attorney..

A mentally competent person may grant a POA to any qualified person for any legal reason. Unless the POA affects a spouse's interest in community property, there is nothing s/he can do about it.

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Answered on 8/26/03, 2:43 pm
Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: legal power of attorney..

Thank you for your inquiry. Marriage does not affect a competent person's ability to name anyone he/she chooses as an agent; however, the married person cannot use a power of attorney to affect the spouse's interest in community property.

If I can be of additional assistance, please do not hesitate to contact my office to schedule a free initial consultation.

Sincerely,

Monica Donaldson

(480) 792-9770

[email protected]

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Answered on 8/26/03, 9:35 pm


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