Arizona Advance Directive Registry is Moving
If you signed your health care directives with Fleming & Curti, PLC, in the past decade or so, you probably already know about the Arizona advance directive registry. It gives you an easy — and free — way to store your health care power of attorney, living will or pre-hospital medical care directive online. For […]
With Medical Decisions, ‘Capacity’ Is the Key
“As long as you are able to make medical decisions, you get to make your own.” We often tell clients that when we are discussing creating a medical health care power of attorney. In the document, a “principal” names an “agent” to make decisions for the principal if/when he or she no longer can. The […]
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 […]
Arizona’s Statutory Health Care Power of Attorney
Like many states, Arizona has included a statutory health care power of attorney in its law. That means the legislature has written a power of attorney form for you. You can fill it out, sign it and have it witnessed, and you have a completely valid document. The Arizona Attorney General’s office has even made […]
When Mom Can’t Live at Home, Does Power of Attorney Help? Yes and No
A newsletter reader asks: Can you use a health-care power of attorney to admit someone who can’t live at home safely to a care home? The answer, legally, is clear: No, you can’t. The practical answer, however, is probably yes. A health care power of attorney names an agent to make health-care decisions for you […]
Arizona Health Care Directives: A Primer
At Fleming & Curti, PLC, we see a lot of confusion about Arizona health care directives. Many of our clients are unsure about whether they have signed a living will, or whether they need to sign new documents when they are admitted to the hospital. Many people have a hard time understanding Arizona’s unique “Prehospital […]
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 […]
What Luke Perry Taught Us About Advance Directives
Although death sometimes arrives with plenty of warning, often there is none. Estate planning, of course, tries to provide a roadmap for both scenarios. The truth is, having an estate plan doesn’t always mean things go smoothly, and when things go smoothly, it’s not always because there was an estate plan. Take Luke Perry. After […]
Alternatives to Guardianship and Conservatorship
Imagine that the adult care home where your uncle Bill resides has told you that you need to get a guardianship. What does that mean, and what do you have to do? Are there alternatives to guardianship? Guardianship means court involvement When you visit a lawyer to “get” guardianship, you should know that it […]
