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 […]
Arizona Guardianship and Mental Health Treatment
SEPTEMBER 15, 2014 VOLUME 21 NUMBER 33 A guardian (of the person) is often said to have all the powers over her ward that a parent would have regarding a minor child. In other words, if the court appoints you as guardian over your mother or father, you have (at least in a legal sense) […]
Reporting Abuse, Neglect or Exploitation of Vulnerable Adults
DECEMBER 23, 2013 VOLUME 20 NUMBER 48 As people live longer and the elderly population increases, so does the likelihood of abuse, neglect and exploitation of vulnerable adults. Lawyers, accountants, doctors, nurses, caretakers, bankers — indeed, any professional — faces a growing probability that at some point they will be confronted with the issue of […]
Arizona Probate Court Changes Coming in 2012
DECEMBER 19, 2011 VOLUME 18 NUMBER 43 It is not exactly a secret that the Arizona probate court system has been widely criticized over the past two years or so. The Phoenix-area newspapers have been filled with stories about alleged abuses of the probate process. Many of those stories have focused on practices in the […]
Simplified Probate Proceeding Valid Even Though Fraudulent
JANUARY 25, 2010 VOLUME 17, NUMBER 3 The difficulty and cost of a probate proceeding can make it hard for heirs to collect small estates. Even the court filing fee can be prohibitively expensive if the decedent’s assets are very small. As a consequence most states have some sort of alternative to a full probate […]
