Legal Question in Wills and Trusts in Arizona

If your father is legally competent to make a valid durable health care power of attorney, then you should employ an attorney (such as myself) to prepare the document and see that it is properly witnessed and notarized. He should also give you his financial power of attorney.

If he is legally unable to give you his power of attorney, then you must go to court, and pay the filing and court fees, and petition the court for appointment as his guardian and/or conservator. The court process is costly, however, it is a necessary process and once done, you would have full authority to take care of him. If you want to consult with me regarding which way to go, I will confer with you for a fixed fee, 1-2 hours. You can also see what is involved with the court proceedings by going online to the Superior Court, Self Service Center, Downloadable forms, and you can also get instructions. You will see that it is complicated for someone who has no experience. Your father or his estate would be responsible for the costs of all of this.