Frequently Asked Questions And Answers for:
Are
my non-Arizona estate planning documents
valid in Arizona?
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VALIDITY OF NON-ARIZONA WILLS IN ARIZONA -- A.R.S.
§14-2506 provides that a written will is valid in Arizona if
when executed it complies with the jurisdiction's laws: (a) where
the will was executed, (b) where the testator was then domiciled,
(c) where the testator had an abode, (d) where the testator was
a national, or (e) where the testator died. Therefore, if the will
was signed under any of those circumstances, unless other changes
need to be made, no new Arizona will needs to be executed.
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VALIDITY OF NON-ARIZONA DURABLE FINANCIAL AND
PERSONAL POWERS OF ATTORNEY IN ARIZONA -- A durable power of attorney
is a written instrument by which a "principal" designates
another person(s) as the principal's "agent" (attorney
in fact) to handle financial matters and/or make personal welfare
decisions for the principal, even if the principal subsequently
becomes disabled. A.R.S. §14-5501 contains mandatory execution
requirements for Arizona durable powers of attorney; however, for
non-Arizona powers of attorney, A.R.S. §14-5501C (effective
August 1, 1998) provides that a power of attorney executed in another
U.S. jurisdiction is valid in Arizona "if the power of attorney
was validly executed in the jurisdiction in which it was created."
Therefore, if the client's durable power of attorney was prepared
by a knowledgeable attorney on or after August 1, 1998, then presumably
that document should be valid in Arizona. Note, however, sometimes
Arizona financial and other institutions may be hesitant to accept
durable powers of attorney executed in other jurisdictions, so if
the client is to become an Arizona resident a new power of attorney
may nonetheless be advisable.
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VALIDITY OF NON-ARIZONA DURABLE MEDICAL (HEALTH
CARE) POWERS OF ATTORNEY -- A durable health care power of attorney
allows a "principal" to designate another person(s) as
the principal's "agent" (attorney in fact) "to make
health care decisions on that person's behalf (but only if the principal
is unable to make or communicate such decisions) by executing a
written health care power of attorney". A.R.S. §36-3221
contains mandatory execution requirements for Arizona durable medical
powers of attorney; however, A.R.S. §36-3208 provides that
a health care directive (including a medical power of attorney)
prepared before September 30, 1992, or one prepared in another state,
district or U.S. territory is valid in Arizona if it was valid in
the place where and at the time when it was adopted and only to
the extent it does not conflict with the criminal laws of this state.
Therefore, if the client's medical power of attorney was prepared
by a knowledgeable attorney where adopted, then presumably that
document should be valid in Arizona. It may, however, be safer to
merely execute a new Arizona document if the person is going to
establish Arizona residency or will be staying for any period of
time in Arizona.
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VALIDITY OF NON-ARIZONA LIVING WILL DECLARATION
-- A living will declaration allows the principal to withhold intrusive
medical procedures that artificially prolong the physician-certified
imminent dying process. A.R.S. §36-3261 and §36-3221 contain
mandatory execution requirements for Arizona durable medical powers
of attorney; however, A.R.S. §36-3208 provides that a health
care directive (including a living will) prepared before September
30, 1992, or one prepared in another state, district or U.S. territory
is valid in Arizona if it was valid in the place where and at the
time when it was adopted and only to the extent it does not conflict
with the criminal laws of this state. Therefore, if the client's
living will was prepared by a knowledgeable attorney where adopted,
then presumably that document should be valid in Arizona. It may,
however, be safer to merely execute a new Arizona document if the
person is going to establish Arizona residency or will be staying
for any period of time in Arizona.
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VALIDITY OF NON-ARIZONA PREHOSPITAL MEDICAL CARE
DIRECTIVE -- A pre hospital
medical care directive allows one to give a "do not resuscitate"
direction, namely, to direct the withholding by emergency medical
and hospital emergency department personnel, of chest compressions,
defibrillation, assisted ventilation, intubation
or advanced life support medications if prepared in a specific format
required by Arizona law. However, A.R.S. §36-3208 provides
that a health care directive (including a pre
hospital medical directive) prepared before September 30,
1992, in another state, district or U.S. territory is valid in Arizona
if it was valid in the place where and at the time when it was adopted
and only to the extent it does not conflict with the criminal laws
of this state. Therefore, if the client's premedical directive was
prepared by a knowledgeable attorney where adopted, then presumably
that document should be valid in Arizona. It may, however, be safer
to merely execute a new Arizona document if the person is going
to establish Arizona residency or will be staying for any period
of time in Arizona.
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