Legal Question in Wills and Trusts in Arizona

Re: power of atty change

A person who cannot execute a new power of attorney cannot change it at all. A court could change it, but through a guardianship, which is lengthy and costly, but may be your only recourse.

There may be something else which could be done as an alternative, but I would need more facts and a look at the document which now exists. We offer free initial consultations. 480.835.1500.

Best regards.

Re: power of atty change

Dear James: If this person has active alheimer's disease, it is unlikely that she has the mental capacity to legally change her power of attorney. You could petition the court to appoint somebody as her guardian, which would basically give that person a power of attorney. However, until you do that, she herself cannot validly sign a legal document if she lacks the mental capacity.

Anyhow, good luck with your situation. I hope it works out well for you and your family. Just FYI: My law firm's website has an online weekly newsletter on which we publish many articles and case briefs on these types of topics: www.tahanlaw.com/ArizonaProbate.