There is no simply answer when it comes to planning for your future; unless you talk to a paralegal who specializes in Arizona living trusts and wills. While life can be incredibly unpredictable, there are things that you can predict and prepare for. Considering the randomness that life offers, why wouldn’t you take control over what you can?
Guardianship Rights
When you think of guardianship, you instantly go to kids and parents. In fact, guardianship quite often comes up when there is a special needs family member in the picture. Whether it’s an aunt, uncle, sibling, perhaps parent or child, the legalities of living trusts, wills, and power of attorney gets a bit complicated.
Anytime the topic of ‘end of life care’ comes into question, emotions can run high and even as everyone wants the best intentions for the individual with special circumstances, often times things can get misconstrued quite easily.
Even if you’ve done everything you can to legally turn over your decision making to another just in case some awful tragedy befalls you, there are times when you change your mind about the person left in charge. Perhaps you have been diagnosed with an illness, such as Alzheimer’s, and you are well aware that your mental capacity will fade with time. You literally, and legally, grant someone to have guardianship and/or power of attorney over your financial and medical decisions, but a few years down the road you’ve changed your mind about that person you’ve assigned. What do you do?
Changing Power of Attorney
The first thing that you need to do to revoke the power of attorney (POA) and guardianship rights is to ‘express your intent to revoke.’ This first step is to follow the exact process by which you and your paralegal laid out when you originally created the POA.
The second step is to communicate the intent to revoke to the individual directly. While you might write up a new POA with intent to remove this individual, it is still your legal right to inform this person that they are no longer your POA agent.
Very rarely, and we do not personally recommend this, the original power of attorney will have been made irrevocable. In this case, there would be no legal way to change the individual mentioned as the POA agent.
If you are interested in speaking with an Arizona paralegal regarding power of attorney paperwork, contact us today at
Need Help?
If you are not sure as to what legal document you currently have contact one of our professionals to help you with your estate planning. They will make sure you have all of your grounds covered and have the right legal documents that best suite your wants and needs.
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