Power of Attorney Did Not Grant Power to Create a Trust
How can someone create a trust? It seems like a trick question. In Arizona, someone can create a trust by signing a trust document, transferring assets, or by making a will with trust provisions. Arizona even permits someone to just declare a trust exists. But can an agent under a power of attorney create a […]
Bad Things Can Happen with PoAs: An Illustration
Powers of attorney are powerful tools, ones that can be easily misused. We’re often warned that bad things can happen with a financial power: the agent can take all the money. But we’re not often told bad things can happen with medical powers, too. This week, we share a cautionary tale inspired by a client […]
Valid Power of Attorney May Avoid Guardianship
Does every incapacitated person qualify to have a guardian appointed? Not necessarily. A valid power of attorney may finesse the need for appointment of a guardian of the person OR a conservator of the estate. Let’s look at a recent case from the courts here in Tucson. George and Suzanne get married Actually, the marriage […]
If You Have Only One Document, Make it Financial Power of Attorney
When most people think about making an “estate plan,” they jump straight to deciding who gets what when they die. But there’s a lot about an estate plan that comes into play when you are alive. The most important: your financial power of attorney. Why the Financial Power of Attorney? Every adult should have a […]
Who Should Get Copies of Your Will and Trust?
You’ve signed your will and powers of attorney. Maybe you’ve even signed a living trust. But now who should get copies of your will and trust? Is the answer different for your powers of attorney? What to do with the original documents First, let’s just say a word about what you should do with the […]
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 […]
Lawyers Continue Battle After Guardianship Dismissal
MAY 23, 2016 VOLUME 23 NUMBER 20 It will come as no surprise to anyone who has been involved in guardianship and conservatorship proceedings: the legal fees and related costs can often spiral out of control. Though most guardianship proceedings do not cost tens of thousands of dollars, some do. In fact, the battle can […]
Which is Better: Guardianship or Power of Attorney?
SEPTEMBER 8, 2014 VOLUME 21 NUMBER 32 Here’s a question we get asked a lot: “which is better for me to get for my mother — a guardianship or a power of attorney?” Sometimes the questioner is checking on the difference between a conservatorship and a power of attorney or (less commonly) a guardianship and […]
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 […]
More Definitions for Estate Planning Terms
FEBRUARY 10, 2014 VOLUME 21 NUMBER 6 Last week we gave you short definitions of some common estate planning terms, like “will” (and “pourover will”), “trust” (including both “living” and “testamentary” trust), “grantor trust” and more. This week we want to continue that project with another batch of common terms: Durable power of attorney — […]
