Frequently Asked Questions

Generally, no. However, medical power of attorney documents from other states may not provide the protections or provisions that are appropriate under Arizona law. It is a good idea to have your documents reviewed to ensure they meet your current needs.

No. You need a proper and thorough estate plan designed to meet your individual circumstances and goals.

Without a valid Power of Attorney, court proceedings may be necessary to establish guardianship over your person and conservatorship over your assets. These proceedings can be costly and time-consuming. Having properly prepared and valid Power of Attorney documents in place can help avoid these complications.

Yes. An out-of-state appointee may be named, provided the person is a competent adult who is at least 18 years old.

Only the portion of the cost related to tax planning or business purposes may be deductible. Tax treatment can vary depending on individual circumstances.

“Per stirpes” generally means that if a named beneficiary dies before receiving an inheritance, that beneficiary's descendants may inherit the share that would have gone to the beneficiary.

“Per capita” generally means that property is divided equally among individuals who are entitled to receive it, rather than passing a deceased beneficiary's share to that beneficiary's descendants.

Information regarding Arizona tax refunds, payments, and income taxes is available through the Arizona Department of Revenue. Visit the department's website for the latest information regarding your state tax refund.

You can check the status of your federal tax refund through the IRS refund service. The IRS website provides current information and instructions for checking your refund status.

Estate planning is the process of organizing your financial and personal affairs to help ensure that your wishes are carried out during incapacity and after death. A comprehensive estate plan may include beneficiary designations, wills, living trusts, powers of attorney, and advance health care directives. Estate planning can also help address medical-care decisions, protect assets, reduce unnecessary costs, and simplify the administration of an estate.

Although online services and software may provide basic estate-planning documents, they may not address the specific circumstances of your family, finances, or wishes. An experienced attorney can help identify important issues, explain your options, and develop an estate plan tailored to your individual needs.

Estate planning can help fulfill guardian responsibilities, organize finances, protect heirs from further distress, promote stewardship, and protect assets. A thoughtful plan can establish when, how, and for what purposes assets should be distributed while helping reduce unnecessary court proceedings, legal expenses, and delays.

A living will is a legal document that communicates an individual's wishes regarding life-sustaining medical treatment if they are unable to communicate those wishes themselves. A living will is different from a living trust, which is generally used to hold and manage assets and may help avoid probate.

Life-sustaining treatment can include medical interventions such as artificial nutrition and hydration, respirators, dialysis, blood transfusions, resuscitation, and other treatments intended to maintain or support vital bodily functions. A properly prepared advance directive can communicate an individual's preferences regarding these treatments.

The need for a living will or other advance directive depends on an individual's circumstances and applicable state law. In Arizona, health care decision-making may also involve a designated health care agent or other legally authorized surrogate.

Advance directives can provide important guidance regarding an individual's wishes, but their effectiveness depends on proper preparation, execution, communication, and compliance with applicable law. It is important to ensure that health care providers and family members are aware of your wishes and that documents are properly prepared and kept current.

A Health Care Power of Attorney is a legal document that allows an individual to designate another person to make health care and medical decisions on their behalf if they become unable to make or communicate those decisions themselves.

Every adult should consider having a Health Care Power of Attorney, regardless of age, health, or net worth. Having one in place can help ensure that someone you trust can make health care decisions if you are unable to do so.

Without a Health Care Power of Attorney, family members and health care providers may face uncertainty about who is authorized to make decisions on your behalf. In some circumstances, court involvement may be necessary, which can be time-consuming and expensive.

There may not be a single form that is appropriate for every situation. Arizona provides statutory requirements and forms that can be used as a starting point, while attorneys may provide customized documents based on an individual's circumstances and wishes.

An attorney can help ensure that your Health Care Power of Attorney addresses important issues, which may include HIPAA privacy and access to medical information, the circumstances that trigger the agent's authority, health care decisions during pregnancy, reimbursement of the agent's expenses, hospice care preferences, and pain-management preferences.

The cost varies depending on the attorney and whether the document is prepared as part of a larger estate plan. Fees may vary based on the complexity of the individual's circumstances.

It is a good idea to review your Health Care Power of Attorney periodically and whenever there is a significant change in your family, health, relationships, or wishes.