Chandler, AZ asked in Estate Planning, Banking and Elder Law for Arizona

Q: I have a General PoA for my elder dad, but bank requires a Durable poa. How can I get one if he's not cognizant?

He is currently hospitalized, but will be returning to long term care facility, and probably shortly, Hospice. His bank is requiring me to obtain a Durable PoA, but, obviously, I won't be able to get that prior to his passing. They said there are other instruments? My brother and I are named executors on the will, but we don't know if it's AND or OR, and we don't know for sure that we can find the will. We are both in Arizona, dad is in Pennsylvania, brother will be going to PA next week. Bank says we will need a "short form" - what is that, how do we obtain one?

2 Lawyer Answers
Ryan K Hodges
Ryan K Hodges
Answered
  • Estate Planning Lawyer
  • Mesa, AZ
  • Licensed in Arizona

A: If you dad is in Pennsylvania, then you should probably consult an attorney there regarding options. In Arizona, most attorneys draft all POAs as durable one, but the law may be different in PA.

Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in Arizona

A: A DURABLE power of attorney continues in effect after the principal becomes incapacitated. A general POA that is NOT durable expires when the principal becomes incapacitated. If your dad is now incapacitated, it is impossible to get a durable POA from him. You will have to go to court to get yourself appointed as his guardian and conservator. It is not relevant who is appointed executor under his will. The will does not take effect until he passes.

Gregory Christopher Poulos agrees with this answer

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