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I need to know if a Durable POA and how it must be written,

will allow for me to...
I need to know if a Durable POA and how it must be written, will allow for me to take care of my Mothers as her dementia has become more of a daily issue. I need to take care of the finances, medical etc. My sister moved out of the house over 2 weeks ago (did not know she did this until yesterday).I need these legal documents like....yesterday so I can protect Mom from any and everything possible.I will be in AZ on the 1st of April and only have 1 week to get these issues taken care of. I will be meeting with her doctor, so can I use documentation from him that she cannot take care of herself physically/mentally if Mom is not able to understand what needs to be done?Can I use the assistance of witness along with the doctor's documentation, so as to get a Durable POA? My Uncle checks in on his sister (Mom) at least 2 times a month if not more often. He has been dealing with a lot of issues where he has had to go to her house for things that are not happening so as to assure her things are fine, nothing to worry about.Can a Durable POA be written as indefinite or until Mom passes and the Will takes over legally at that time. The Will states that I take care of the Estate upon her demise.
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3/22/2018
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 48,925
Experience: Texas lawyer for 30 years in Estate law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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All POAs cease at time opf death and then you probate will.

Here are POA forms for you and step by step

https://www.superiorcourt.maricopa.gov/sscDocs/packets/gnpoa1z.pdf

She needs to sign this in front of notary

I appreciate the chance to help you today.Thanks

If you can positive rate5 stars it i s much appreciated.

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Customer reply replied 5 months ago
Can the doctor attest to this fact of inability to understand and therefore act as witness with documentation of his diagnosis

Yes he can do so.

RayAnswers
RayAnswers, Attorney
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Joycelaw
Joycelaw, Attorney
Category: Estate Law
Satisfied Customers: 124
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Customer reply replied 5 months ago
If the doctor provides documentation, other than having to petition the Court; could I get Durable POA based on diagnosis and witnessed by my Uncle stating under oath before a Notary that Mom is indeed incompetent to understand?I don't have the time to petition the Court and be able to get things setup with her debtors, bank and her investment manager in a weeks time.

If she lacks capacity here to sign the POA you may be looking at a conservatorship here instead.

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