Durable Powers of Attorney: “Springing” or “Surviving”?
NOVEMBER 7, 2016 VOLUME 23 NUMBER 42 For over four decades, Arizona law has permitted residents to create powers of attorney that continue to be valid even after the signer becomes incapacitated. That simple concept, once thought to be radical, has become widespread: all U.S. states now permit powers of attorney to be “durable.” To […]
Trustee Not Personally Liable for Trust Business
JUNE 23, 2014 VOLUME 21 NUMBER 23 It’s a small point, but important — and the Arizona Court of Appeals reiterated it in a decision released last week. So it seems to us that it would be appropriate to call attention to this simple rule: generally speaking, a trustee is not personally liable for her […]
Making Your Power of Attorney More Useable — and Useful
MAY 26, 2014 VOLUME 21 NUMBER 19 If you have had your estate plan prepared or reviewed by one of the lawyers at Fleming & Curti, PLC, you almost certainly have signed a durable power of attorney. You may have signed a document prepared by another lawyer, or even found one online or in a […]
Pondering Your Power of Attorney
SEPTEMBER 16, 2013 VOLUME 20 NUMBER 35 Do you have a power of attorney? If so, do you know how it works? Is a “springing” power of attorney the best way for you to keep authority over your health care and financial decisions until a transition is needed? Many people have powers of attorney but […]
Durable Powers of Attorney Are Important But Dangerous
APRIL 26, 2010 VOLUME 17, NUMBER 14 A power of attorney is one of the most important, powerful and dangerous documents you will ever sign. Why is it important? Because your family has no inherent right or power to handle your finances in the event that you become incapacitated. Why is it dangerous? Because it […]
Advice On Making Health Care Decisions For Someone Else
AUGUST 10, 2009 VOLUME 16, NUMBER 50 When you name someone as your health care agent, you literally entrust them with life-and-death decisions. When you are the agent the job can sometimes seem overwhelming. Sometimes health care decisions must be made by someone who was not even designated in a power of attorney. A “surrogate” […]
Some Advice About Selecting Fiduciaries For Your Estate Plan
APRIL 20, 2009 VOLUME 16, NUMBER 37 When it comes time to complete estate planning, our clients usually have clear ideas about who should receive their property, what health care decisions they would want made — even how they feel about cremation, burial, organ donation and most of the other issues that must be addressed. […]
