A power of attorney is no longer valid after death. The only person permitted to act on behalf of an estate following a death is the personal representative or executor appointed by the court. Assets need to be protected.
Your parent must decide to obtain a power of attorney and select an agent or attorney-in-fact of their own choosing. By explaining the purpose of these estate planning tools, your parent will understand their value.
Question: Do you have to file your power of attorney paperwork with the county recorder for it to be legal and final. Answer: You do not need to record your Power of Attorney document with the county. The county recorder will record the original, notarized document, if you send it to their office.
A person (usually a parent or guardian) signs a Parental Power of Attorney in front of a notary to give a trusted and willing person (Attorney-in-Fact or Agent) power to act in place of the parent or guardian. The parent or guardian in this case is called the Principal. A Parental Power of Attorney must be notarized.
For a durable power of attorney to be valid in Arizona, it must: be in writing; be signed by an adult as principal; clearly identify another adult as agent; specify whether the power is effective when the principal signs it or state that it becomes effective if the principal is later disabled or incapacitated;
Arizona law requires that you sign a power of attorney in the presence of a notary public. A witness must also sign a statement before a notary. This witness cannot be: a person you named as an agent in the Power of Attorney.
A POA must be signed before it's needed since it cannot be signed by someone who is mentally incompetent. You can't set up a POA for your parent as it's something they must choose for themselves.
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