Legal Question in Wills and Trusts in Arizona

power of attorney

My father-in-law (87 years old) has a revocable trust where he is the trustor and the bank is the trustee.

My wife, his daughter, is his only living blood relative.

He lives in Phoenix, we live in Tucson. When this trust was set up several years ago, he named a trusted neighbor as Durable Power of Attorney with my wife as Alternate Agent.

Over the past year he has authorized live-in nursing help from a period of 6 hours per day to 24 hour care recently. Two weeks ago the neighbor called and said he wanted out of the power of attorney. Then abruptly changed his mind and moved my father-in-law into a nursing home.

My father-in-law's estate is modest (about $200K).

1. What information is my wife entitled to as the only blood relative and the alternate agent on the durable power of attorney? 2. Are we within our rights to advise the bank holding the trust that no changes should be made without notifying us? 3. Do we have a right to go into the house? The neighbor has the key and acts like only he or the bank can enter.


Asked on 10/26/98, 10:50 pm

1 Answer from Attorneys
Melody Stickel-Martinez Melody Stickel-Martinez, Esq.

Re: power of attorney

Here is my suggestion - GET INVOLVED NOW. As long as your father has no objections you have every right to contact the bank and nursing home and who ever else to help your father. Go see your father now. Check out this nursing home. How is the nursing home being paid? Who is taking care of everything there and at his home. Power of Attorney's, POA's are helpful if the person is competent. If your father is incompetent then the POA's may or may not help. If incompetent and the POA is title 'DURABLE' POA than it has power. If he is incompetent and it is NOT title "DURABLE" POA then it has NO power. Also if he is adjudicated incompetent than regardless of how it is titled, it is worthless. So get involved now and find out what is going on. Furthermore, you really should get an Attorney involved now to help. This situation could get bad in that nursing homes at times are tough to deal with so be strong and take good care of your father. Let it be known to the Bank, Nursing Home, Neighbor and who

ever else that you have to that you are his only child and you will be the one to contact for anything with reference to your Father. As long as this is what he wants and you want. If he is competent and doesn't want you involved then he has every right to that. However, if he wants your help then get busy with those phone calls, get his house key to take care of things and get to that nursing home.

Melody Stickel-Martinez

Melody Stickel-Martinez, Esq.

10031 Pines Boulevard, Suite 217


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Answered on 1/03/99, 8:49 pm


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