Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

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.
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 5 minutes by:
3/22/2018
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 46,474
Experience: Texas lawyer for 30 years in Estate law
Verified

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.

Ask Your Own Estate Law Question

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.

Ask Your Own Estate Law Question
Customer reply replied 1 month 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
Category: Estate Law
Satisfied Customers: 46,474
Experience: Texas lawyer for 30 years in Estate law
Verified
RayAnswers and 87 other Estate Law Specialists are ready to help you
Ask your own question now
Joycelaw
Joycelaw, Attorney
Category: Estate Law
Satisfied Customers: 114
Verified
Phone call session started
Customer reply replied 1 month 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.

Ask Your Own Estate Law Question
Was this answer helpful?
Ask RayAnswers Your Own Question
RayAnswers
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 46,474
46,474 Satisfied Customers
Experience: Texas lawyer for 30 years in Estate law

RayAnswers is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,488 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

46,474 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,032 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,841 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,454 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Attorney

1,167 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Estate Law Questions
I am attempting to handle the probate of my mother's estate
I am attempting to handle the probate of my mother's estate myself in San Francisco, California. Please answer the following: Whenever I file a document with the court, is it proper protocol to always… read more
RayAnswers
RayAnswers
Attorney
46,474 satisfied customers
Can a person who was given POA after a hearing in South
Can a person who was given POA after a hearing in South Carolina change the POA in another state, allowing him or her the power to transfer property of a person who has dementia? … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
1,454 satisfied customers
I have a question about an estate in probate. I don't think
I have a question about an estate in probate. I don't think the executator is being fair and would like to request a hearing with the probate judge. … read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
814 satisfied customers
Aunt's Estate is going through probate in California. We
Aunt's Estate is going through probate in California. We just submitted the Petition for Final Distribution and the examiner left some Probate Notes. We cleared 2 of them... But the last one didn't. H… read more
RayAnswers
RayAnswers
Attorney
46,474 satisfied customers
In 2013 my parents did estate planning. I was mad POA, sole
In 2013 my parents did estate planning. I was mad POA, sole beneficiary. Their home was set up as Home Trust, banking account set up as Revocable Trust, with myself as trustee. Both parents passed awa… read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
What is the difference between a POA and a Durable POA?
What is the difference between a POA and a Durable POA? Also, can you do the Durable POA and a Transfer on Death forms on your own or do they need to be done by an attorney? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
The probate court recently named the fiduciary to an estate
Second opinion] The probate court recently named the fiduciary to an estate due to lack of response by the other heir named in the will who claim is that another will was written after the first howev… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,155 satisfied customers
The probate court recently named the fiduciary to an estate
The probate court recently named the fiduciary to an estate due to lack of response by the other heir named in the will who claim is that another will was written after the first however the 2nd will … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
My grandmother passed away. Her estate is in probate, she
My grandmother passed away. Her estate is in probate, she only owns a house and car. House was sold and it was her primary residence. Proceeds distributed to heirs. Does her estate need to file a retu… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
If an individual estate is in probate and a property is sold
if an individual estate is in probate and a property is sold that he was an heir, how are the proceeds distributed?… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
814 satisfied customers
California Probate - I am a beneficiary of an estate. Can I
California Probate - I am a beneficiary of an estate. Can I file a petition for an early asset distribution with the court without giving notice. And what is the best way to get the judge to approve a… read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
My aunt just passed leaving a large estate. My wife had POA
My aunt just passed leaving a large estate. My wife had POA since my aunt had dementia. My wife put the estate in a trust to avoid probate. My wife is trustee of the trust. My aunt's simple will state… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Estate is in probate in california. the estate has out of
estate is in probate in california. the estate has out of state assets.1.) colorado home - just sold without going through referee valuation Sold for $260,000 on 1/24/2018 2.) nevada corp operating in… read more
socrateaser
socrateaser
1,031 satisfied customers
My wife had a small estate in Maryland. The probate closed
My wife had a small estate in Maryland. The probate closed her estate due to being insolvent. She had bank account with $7000. I had to pay out of pocket for funeral cost. My question: is legal for me… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
I am the executor of an estate. The house is in probate
Hello. I am the executor of an estate. The house is in probate court. The child of the decedent now want to sell the house. What rights does he have and what should I do? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,176 satisfied customers
I delegated a family member POA to manage a Real Estate in
I delegated a family member POA to manage a Real Estate in 2016. I need to revoke his authority but he will not receive the revocation paper. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Are you familiar with estate (possible probate) laws in NY
HI there! Are you familiar with estate (possible probate) laws in NY state? … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,724 satisfied customers
When considering the value of an estate in probate, is the
When considering the value of an estate in probate, is the value of the non-probate inventory added?… read more
originallawyer
originallawyer
Attorney at Law
Doctoral Degree
905 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x