Elder Abuse

questions & answers

Question: My friend's son says he has a POA and took $20,000 from her. Where can she get a new POA signed and notarized to give POA to me so I can protect her?

Answer: It may depend on the type of Power of Attorney the son has and what type of new Power of Attorney is give. A Regular Power of Attorney has a beginning (effective) date, and ends either on the end date or when the Principal revokes it. A Durable Power of Attorney has no specified end date and ends on the death of the Principal, or upon revocation by the Principal. Also, with a Durable Power of Attorney, if the Principal becomes disabled or incapacitated, the Attorney-in-Fact may continue acting as such despite the disability, incapacity or the expiration date. (https://www.superiorcourt.maricopa.gov/sscDocs/pdf/gnpoa10f-iz.pdf) If the son has a durable power of attorney, the friend may not be able to designate a new Power of Attorney without the help of an attorney. You may want to speak with an attorney regarding the situation. If the son has a Power of Attorney document, it would be necessary to know what type of document it is (Regular or Durable) and if it can be changed. If there is no document, the Superior Court has packets available for Powers of Attorney. you would have to have it signed and notarized in front of a notary. You may find the forms at http://www.azcourts.gov/azturbocourtinformation/Home.aspx