Legal Question in Wills and Trusts in Arizona

Re: Power of Attorney/Probate

Mr. Blum's answer is correct

Re: Power of Attorney/Probate

You have my congratulations on helping your brother in this difficult time, and in seeking information to properly take care of the situations you face.

If he has a lucid interval, he could sign a power of attorney. It must be notarized and witnessed when he signs. If that is a possibility, you could have the document prepared and ready in case a lucid interval occurs. You could likewise have a will ready. However, it sounds like that is not a possibility, so I will presume he will not wake up sufficiently to sign either.

You mention his "company." If that is a corporation with an existing officer who can act to deposit checks or do business transactions you could use that person. More facts are needed to advise you. Technically, you are acting outside the law if you deposit checks or do financial transactions on his behalf without proper legal authority. Do not forge his name on any check or document. Check deposits may not be your biggest problem, since many banks will accept a check that is stamped on the back if they are made out to the company. Most companies, stores, etc. do not "sign" a check on the back.

Obtaining an emergency guardianship/conservatorship is the way to get legal authority to act on behalf of your brother. That is a detailed and complicated procedure. You will undoubtedly need an attorney.

If your brother dies without a will he is "intestate" and his estate passes to his heirs at law, which would be a spouse, then children, grandchildren, etc., then parents, brothers and sisters in the statutory order. Someone will have to apply as personal representative (executor) and that person will have legal authority to settle the estate, pay debts, distribute to heirs, etc.

We advise clients and handle these cases in all Arizona counties, and offer a free, no obligation consultation at 480.835.1500. We can get personal representatives appointed with rapid speed, usually within 48 hours. More detailed information is needed to fully advise you and consider all alternatives, which is why we offer a free consultation.

Good luck and best regards,

James D. Jenkins

Re: Power of Attorney/Probate

You need to go to court and be appointed his Guardian and Conservator. These appointments are only valid while he is alive. After death, you will need to open a probate and be appointed Personal Representative of his estate.

I suggest you speak to an attorney to help you through these processes.