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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33936
Experience:  Began practicing law in 1992
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My elderly mother is having "issues" with her home

Customer Question

My elderly mother is having "issues" with her home communications provider ( ISP & phone). How can I legally speak on her behalf in order to bring closure and a fair outcome to any current or future problems she may have with her home utility and/or repair problems she may have?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Az, Maricopa County
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not that I can think of, ultimately I would like to speak on her behalf for any and all such problems.
Submitted: 1 month ago.
Category: Legal
Expert:  Dwayne B. replied 1 month ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 1 month ago.

Please allow me some time to read your facts and type my response.

If you receive an email regarding a phone call for an extra price that comes directly from the website and not from me and I have no control over the sending of the email. I don't take part in the telephone program and only work through this format and under your facts this format should be sufficient.

Expert:  Dwayne B. replied 1 month ago.

You can use a Power of Attorney to ask for information and take actions on her behalf. That can be used for anything other than actually filing a lawsuit and representing her in court. Many people think a Power of Attorney allows them to file a lawsuit on behalf of another person but it doesn't. It would allow you hire an attorney and instruct the attorney on how to proceed for her but only a lawyer can represent another person in court.

This is assuming that your mother is mentally competent at this time because someone must be competent to give a Power of Attorney in the first place. If she is not competent at this time then you would have hire a lawyer and file for a guardianship over her. The guardianship, if granted by the court, will allow you to do the same thing as the Power of Attorney subject to the court's oversight. Again, however, it would not allow you to file a lawsuit and represent her.

However, you should be aware that some companies refuse to recognize a Power of Attorney and there is no law saying that they must recognize it and allow you to act for her (in other words they don't get into trouble if they don't recognize it) but most companies will acknowledge the POA and cooperate.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

Expert:  Dwayne B. replied 1 month ago.

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Expert:  Dwayne B. replied 1 month ago.

I am about to go offline for the evening. I may get a chance to check back in or I may not. Regardless, I will be back online tomorrow morning so if you have any follow up questions please ask them in this thread and I will answer them as soon as I see them. If you haven't issued a Positive Rating your I would encourage you to do so now. Issuing a Positive Rating will prevent the question from timing out and closing and will lock it open so it can be accessed and the Q and A can continue at any time from this evening or even a year or more from now.

Customer: replied 1 month ago.
Thank you for a more involved answer than I expected. Can you advise me on a specific type of POA or wording that should be used?
Expert:  Dwayne B. replied 1 month ago.

POAs are referred by different name but most of them are the same document and are commonly known as Durable Power of Attorney. The "Durable" part just means that stays effective until revoked. You can either get a local attorney to draft it for you or go to this website.

It is import important that you not just look online and find a form that claims that it is a Power of Attorney in Arizona. Many of the online forms are incorrect, use wrong language, or was drafted by someone looking at old law. Sometimes they are even a copy of the document drafted by someone who really has no idea what they are doing. A local attorney is always the best choice since they can sit down with you, discuss the needs, and even tailor the POA to your specific circumstances.

However, the website I gave you the link to above is relative inexpensive and I've never seen any of their documents such as this to be incorrect.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.