Arizona Elder Law Questionnaire

Category:

Family Law - Elder Law

State:

Multi-State

Control #:

US-Q1013

Format:

Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in an elder law matter, such as wills, asset protection, disability planning, and more. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.

This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.

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FAQ

In Arizona, living wills are also known as advance directives. Do you need a last will and testament? Although a last will and testament is not legally required, without a will, state laws (called laws of intestacy) will determine the distribution of the deceased's assets.

Does a Power of Attorney have to be recorded? It does not have to be recorded immediately after you sign it. If your Agent has to handle a real estate transaction for you, the Power of Attorney will need to be recorded at the time of the transaction.

If you are survived by descendants but no spouse, your descendants will inherit all of your estate. If you die with no surviving spouse or descendants, your parents will inherit all of your estate. If you die with no surviving spouse, descendants or parents, your siblings will inherit all of your estate.

If a spouse or children survive the person who died, generally speaking, these assets would go to the spouse and children. If neither exist, a close relative would inherit the assets.

Does a power of attorney need to be notarized in Arizona by a Notary Public? By Arizona law a Durable power of attorney needs to signed in front of one witness and a notary public. Although the law in Arizona only require one at Citadel law Firm we usually use two.

In Arizona, you can make a living trust to avoid probate for virtually any asset you own?real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).

The term ?Elder Law? generally refers to a variety of legal issues that commonly affect the elderly. Clients seeking an Elder Law attorney are often looking for someone to help them plan for disability and subsequent nursing home care, including planning for Medicaid or VA benefits.

Yes ? the state of Arizona accepts holographic wills (also called handwritten wills). For your holographic will to be valid, the section of your will that lists your beneficiaries and their gifts must be written in your handwriting. You also need to sign your will.