Legal Question in Wills and Trusts in Arizona

Re: Power of Attorny

As long as your father has the capacity to understand what he is doing, and can act voluntarily, he does not have to be able to speak in order to execute a power of attorney. I advise my clients that it is Most Important that everyone, without regard to age or health condition, must have a Durable Health Care Power of Attorney, so that someone has the legal authority to make medical decisions for you in those instances where you cannot make those decisions for yourself. Definitely advise your Mom to get your father's power of attorney before he is unable to make one, and then you will have to go to court to be appointed a guardian and conservator.

Re: Power of Attorney

I will add to the previous response, and this will apply to virtually everyone. Estate planning is not signing pieces of paper, it is coordinating a well-ordered plan of structuring, protecting, regulating and maintaining the estate for the creators of wealth and their family and heirs. At a minimum, have a Durable Power of Attorney for finances, a Health Care Power of Attorney, a Personal Medical Directive, and a Will. Plan for avoiding probate; a will does not avoid probate, but a trust or a beneficiary deed coupled with POD bank accounts and investment accounts can.

Beware of "forms" for powers of attorney in Arizona. We have a very nasty and tricky power of attorney statute. See a lawyer. You are always welcome to receive a free initial consultation at our office by calling 480.835.1500. You can also receive a free copy of my audio CD, "Your Estate Plan" by calling the same number. Powers of attorney and medical directives must be done in a first class manner to give peace of mind, especially after the Teri Schiavo case.

Best regards,

James D. Jenkins