Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When an elderly heir in Arizona faces age-related challenges or incapacity, family members can seek authority over personal and financial affairs using formal tools under Arizona law. The two primary options are power of attorney and guardianship.
1. Power of Attorney
A power of attorney (POA) lets a principal appoint an agent to handle financial or personal matters. Arizona statutes governing POAs appear in Title 14, Chapter 5, Article 4 of the Arizona Revised Statutes (ARS Title 14, Ch 5, Art 4).
- General vs. limited POA: A general POA grants broad authority, while a limited POA restricts tasks (for example, only managing bank accounts).
- Durable POA: Remains effective even if the principal becomes incapacitated.
- Healthcare POA: A separate document under ARS Title 36, Chapter 32 allows designation of a health care agent to make medical decisions.
- Execution requirements: The document must be signed by the principal and notarized to be valid.
2. Guardianship
If no valid POA exists or the elder is already incapacitated, a court-supervised guardianship may be necessary. Arizona law on guardianship of incapacitated adults is found in Title 14, Chapter 5, Article 2 of the Arizona Revised Statutes (ARS Title 14, Ch 5, Art 2).
- Types of guardians: A guardian of the person manages personal decisions such as living arrangements and healthcare. A guardian of the estate handles financial affairs.
- Pleading for guardianship: A petitioner files an application in superior court, asserting incapacity and the need for a guardian.
- Least restrictive alternative: Courts must tailor guardianship orders to allow as much autonomy as possible.
- Ongoing oversight: Guardians submit annual reports to the court detailing the ward’s finances and well-being.
3. Comparing the Options
Power of attorney is typically faster, less costly, and respects autonomy if executed before incapacity. Guardianship involves court intervention, higher fees, and public records but ensures decision-making authority when no valid POA exists.
Helpful Hints
- Discuss wishes with the elderly heir early and document preferences in writing.
- Consult an Arizona attorney to prepare a compliant POA or file a guardianship petition.
- Keep original POA documents in a safe but accessible location.
- Review and update POAs every few years or after major life events.
- Gather medical evaluations and financial statements to support a guardianship petition.