Legal Question in Wills and Trusts in Arizona
Power of Attorney
If I have both a medical and financial POWER OF ATTORNEY for my husband,is it always enforceable or do you have to
get them updated? And if I were to plave my husband in a skilled nursing facility, would I have the control of our social security disability benefits to keep our housing expenses paided while he is in the facility. He also is a
veteran of the Vietnam war, so he gets benefits there also. Please email me back your answer, help or advice, i thank you for your time and consideration.
1 Answer from Attorneys
Re: Power of Attorney
Thank you for your inquiry.
Your first question dealt with whether the power of attorney documents (medical and financial) will expire. This depends on how long ago the documents were written (the laws may have changed), and on the language in the documents. If they have expired or are invalid for any reason, new documents can be prepared and executed as long as your husband is still competent to sign.
As your husband's agent, you have the authority to do all transactions contained in the power of attorney document. This may include the power to take possession of his income from any source, and use that income for his or your cost of living. Again, it depends on the way your documents are written.
If you have additional questions, or if you would like me to review your documents and provide additional recommendations, please feel free to contact my office to schedule a free initial consultation.
Sincerely,
Monica Donaldson
(480) 792-9770