If you look around, there are a number of places you can download an online health care power of attorney. Some will assure you that they are valid in Arizona. A few are Arizona-specific. For example, the Arizona Attorney General’s office provides a set of online form documents (they call it “life care planning“). Those…
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…
Addiction and mental health issues in the family — these two problems confront many of our clients. In this week’s podcast episode, we talk about some of the planning concerns facing clients with family members who are not able to manage their own care or finances. That often (but not always) means that clients create…
Sometimes the authority to make health care decisions for another person does not work out. It can especially founder on a common limitation: it might not include mental health powers. Without authority over mental health decisions, the agent, guardian or family member may be unable to arrange for sufficient care. Arizona law distinguishes between making…
“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…
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…
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…
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…
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…
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…