Legal Question in Wills and Trusts in Arizona

My mother is in the hospital after suffering a stroke. Her durable power of attorney and her medical power of attorney state that my brother is the "attorney in fact" or agent, and that if he is unwilling or unable to serve, I am the successor agent.

My question is this: I am with my mom in the hospital in Phoenix, my brother is in Montana and unable to be here. Can I legally sign the forms to admit her to an assisted living facility? Would that fall under him being unable to serve? Or do we need to send the forms for him to have them signed?

Asked on 8/30/10, 11:35 pm

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.
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The answer depends upon who you are dealing with at the assisted living facility. Your brother could simply call or fax a statement to the living facility to the effect that he is unable to serve, thus giving you the position of agent under the powers of attorney.

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9/05/10, 12:33 pm

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