Legal Question in Wills and Trusts in Arizona

My step-father is in bad shape and in a care center. He speaks very little and cannot write. I have his last will and testament and he nominates me to be his personal representative. Is this the same as power of attorney? What can I do/not do as personal representative?


Asked on 11/02/10, 5:27 pm

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

You cannot do anything as personal representative until you have been appointed to serve by the probate court, which can only take after he dies. You should petition the court for appointment as his guardian and conservator, so that you can make medical, and life decisions for him, and so that you can collect his income, pay his bills and taxes, and manage his assets while he is incapacitated. Personal representative is not the same as power of attorney.

A POA is an agency agreement, whereby a principal give the agent authority to act on his behalf. If it is not a durable POA, then it ceases to be in effect the instant the principal becomes incapacitated. All POAs cease to be effect as soon as the principal dies.

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Answered on 11/07/10, 7:00 pm


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