Legal Question in Wills and Trusts in Arizona
Will,
I live in Arizona and my will, advance directive for health care and durable power of attorney was created in Oklahoma. Is it legal and binding in Arizona? Also my daughter has married and changed her name since. Is it okay to leave her as it is on the will?
1 Answer from Attorneys
Re: Will,
A Will, advance directive and POA, if properly and validly made in another state, should be valid and enforceable in AZ. It would not be necessary to change your Will, just because your daughter has married.
I want to caution you. The most important documents that every person should have is a valid, durable Health Care POA and durable Financial POA. The law changed in 2004, so that POAs that do not conform to the requirements of HIPPA, will not be effective because there will be no authority to access your private information. Thus, the person you have appointed to take care of you will not be able to do so, and if you are incapacitated, you will not be able to make a new document.
You should have all of your documents reviewed to make sure that they say what you want them to say and that you consider all the changes in your circumstances and those of your daughter.