In the United States, you become an adult at the age of 18. With this in mind, comes a host of responsibilities. However, what happens if you become sick or are involved in an accident? Who will make your financial, as well as your healthcare decisions? Accordingly, The 3 legal documents below are documents every new adult needs. This will help you make sure you have an advocate if you are unable to voice your own wishes.

1. LIVING WILL

Living wills are legal instructions regarding your choices for medical care if you are unable to make decisions for yourself. Advance directives guide choices for doctors and caregivers if for instance, you become ill, seriously injured, in a coma, etc.

2. HEALTHCARE POWER OF ATTORNEY

A Healthcare Power of Attorney is a legal document that names an agent to make medical decisions on your behalf.

3. DURABLE GENERAL POWER OF ATTORNEY

A Durable General Power of Attorney is a legal document naming an agent regarding non-healthcare decisions. This helps with taking care of bills, accounts, leases, and other similar legal affairs.

In Arizona an POA is a legal document appointing a specific person to act on someone else’s behalf for financial, medical or parental reasons.  There are many different types of POAs depending on your specific need.  Some of the most common POAs are listed below. 

Durable Financial POA – If an individual becomes mentally incompetent due to an illness or injury, this POA allows the individual the ability to take over the finances or business interests until the principal gains their mental faculties.  

General Financial POA – Grants an Agent the ability of someone else to handle all financial matters on the behalf of a principal.  This does not remain valid if the principal becomes unable too mentally able to think for themselves. 

Limited POA– Limits the Agent’s care of the individual to monetary matters. 

Medical POA – Allows Agent to make medical decisions if the principal cannot do so for themselves. 

Minor child POA – Designates temporary guardianship over minor children for up to six months unless the person is on active military duty.  This may extend the POA for a duration of 1 year. 

Real Estate POA – Allows Agent to handle purchasing, selling or managing real estate. 

Resources?

What is a Last Will and Testament?

Last Will and Testament, also called a Will, helps you directive your personal representation how you wish to leave your property and assets to people or organizations upon your passing.  You can also name a person guardian to care for your minor children and/or management property and other assets left to minor children.

Do I need a Will in Arizona?

If you pass without a will in Arizona, your property and assets will be distributed according to State Law and Statutes.  The Arizona intestacy law gives your assets to your closest relative, beginning with your spouse and children.  If you have neither, your grandchildren or your parents will get your assets.  This will continue with more  distant relatives, if you have no living relatives by blood or marriage, the state will take your property.  

What are the requirements to make a Will in Arizona?

To make a will in Arizona, you must be:

• 18 years of age or older
• of sound mind.

Ariz. Rev. Stat. Ann. § 14-2501.

Your will must be in writing, but it can either be on hard copy or a digital file that has been electronically signed. Ariz. Rev. Stat. Ann. § 14-2502. Arizona does permit handwritten wills Ariz. Rev. Stat. Ann. § 14-2503.

How Do I Sign My Arizona Will?

For your will to be final in Arizona the following requirements must be met: you must sign your will in front of two witnesses and your witnesses must sign your will within a reasonable time after you signed or acknowledged your will to them.  Ariz. Rev. Stat. Ann. § 14-2502.

Neither witness can be related to you by blood, marriage, or adoption or be a beneficiary of the will unless the will is self proved.  Ariz. Rev. Stat. Ann. § 14-2505.  However even if you have your will self-proved, it is beet not to have an “interested” party sign on your will.  

Handwritten wills do not require witnesses. The signature and material provisions however, must be in your own handwriting. Ariz. Rev. Stat. Ann. § 14-2503.

Do I Need to Have My Will Notarized?

You do not have to have your will notarized in Arizona to make it legal.  However, it allows your will to be what is called “self-proving”.  A self proving will speeds up the Probate process because the Court will accept the will without contacting the witnesses who signed the will.  To make your will sell-proving, you have your documents signed by you and your witnesses in front of a notary.  Ariz. Rev. Stat. Ann. § 14-2504.

What’s my Personal Representative?

In Arizona Statutes you are required to name a personal representative who will ensure your directives are carried out after your death.  If no one is named, the Probate Court will appoint someone to take the job.  

Can I Terminate or Change My Will?

In Arizona in order to revoke or change your will you must perform a revocatory act with the purpose of revoking all or part of your will or create a new will that expressly states it is revoking the old will or contradicts the old will.  A revocatory act would include but is not limited to burning, tearing, canceling, obliterating, or destroying the will or making it unreadable Ariz. Rev. Stat. Ann. § 14-2507.

A divorce of annulment of your marriage will automatically revoke any gift to your spouse or appointment of your spouse or one of their relatives as a personal presentative or trustee unless your will expressly states otherwise. Ariz. Rev. Stat. Ann. § 14-2804.  

If major changes are needed it best to revoke your will and make a new one.  If the changes are only very simple you can add an amendment to your existing will.  This is called a codicil.  You will need to use the above formalities to any amendments or new wills to make them valid.  

Resources?

 Arizona Revised Statutes Title 14 – Trusts, Estates and Protective Proceedings Chapter 2 – Intestate Succession and Wills.