Morris Hall, PLLC

Estate Planning Attorneys

MakePayment with multiple options
CALL NOW: 1 (888) 222-1328
  • Home
  • Our Firm
    • About Morris Hall
    • Attorneys
    • Our Team
    • Morris Hall Core Values
    • Communities We Serve
      • Carefree
      • Chandler
      • Flagstaff
      • Mesa
      • Oro Valley
      • Phoenix
      • Prescott
      • Scottsdale
      • Sedona
      • Tucson
    • Career Opportunities
  • Estate Planning Services
    • Advanced Estate Planning
    • Asset Protection
    • Power of Attorney
    • Trust Administration and Probate
    • Wills and Trusts
  • Resources
    • Blog
    • Do I Need an Estate Plan?
    • Elder Law Reports
    • Elder Law Resources
      • Phoenix Elder Law
      • Tucson Elder Law
    • Estate Planning Problems
    • FAQs
    • Probate Resources
      • Probate
      • Flagstaff Probate
      • Phoenix Probate
      • Sedona Probate
      • Tucson Probate
    • Published Books
      • Don’t Go Broke in a Nursing home
      • Tax Free Money for Long-Term Care!
    • Recent Law Changes and Improvements Affecting Arizona
      • Update My Living Trust
    • Reports
    • Videos
    • What to Do When Death Occurs
      • What Not To Do When Someone Dies
      • Who To Contact After A Loved Ones Death
  • Reviews
    • Testimonials
    • Review Us
  • Locations
  • Events
    • Seminars / Webinars
    • Past Webinar Recordings
  • Contact
    • Consultation Policy
    • Contact Us
    • Discounts

Essential Documents for Mental Disability Planning – Arizona

March 11, 2012 by Morris Hall, PLLC Leave a Comment

There are basically three types of legal documents necessary to plan for mental disability: Healthcare Powers of Attorney, Living Wills, Financial Powers of Attorney, and Revocable Living Trusts.

1. Healthcare Powers of Attorney, Including Living Wills

A Healthcare Power of Attorney is a legal document that is used on your behalf while you are alive but unable to make healthcare decisions for yourself. It may also include a Living Will, which is a legal document that allows you to specify the type of treatment you want to receive if you’re suffering from a terminal condition or in a persistent vegetative state. You should also name a backup agent in case the first person you name isn’t able to serve as your agent. If you don’t have a Healthcare Power of Attorney or Living Will, then your loved ones will end up in court fighting over what medical treatment you should or shouldn’t receive, and the court will appoint a Guardian of the Person to oversee your medical care.

2. Financial Powers of Attorney

A Financial Power of Attorney is a legal document that is used on your behalf while you are alive but unable to make financial decisions for yourself. It allows you to appoint an agent, called your “attorney in fact,” to act on your behalf to manage your finances. In Arizona, the Financial Power of Attorney can be durable, meaning that your attorney in fact can act immediately, or it can be springing, meaning that your attorney in fact can only act after you’ve been declared mentally incapacitated. With either type of document, you should also name a backup attorney in fact in case the first person you name isn’t able to serve. If you don’t have any type of Power of Attorney, then your assets will end up in a costly court-supervised guardianship or conservatorship and the court will appoint a Guardian or Conservator of the property to manage, invest, and spend your assets.

3. Revocable Living Trusts

A Revocable Living Trust is a legal document that covers all aspects of your financial life, from while you’re alive and well, to if you become mentally incompetent, to after you die. If you have a trust and later become mentally incapacitated, then the trust will specify a Disability Trustee who will be able to manage and invest your assets on your behalf. It will also allow the Disability Trustee to spend the trust assets to take care of you and your family. If you don’t have a Power of Attorney and a Revocable Living Trust, then your assets will end up in a court-supervised guardianship or conservatorship and the court will appoint a Guardian or Conservator of the property to manage, invest, and spend your assets.

Please see one of our estate planning attorneys to ensure that you have the necessary healthcare documents to protect you in case of mental disability.

Why Choose Morris Hall:
You have a number of options when it comes to estate planning, so why pick Morris Hall? First off, estate planning and asset protection are a very complicated endeavor and you should only trust someone who focuses exclusively on those matters. Also, MH is a proud member of The American Academy of Estate Planning Attorneys (AAEPA) which provides us additional support, advanced training, tools and information that is not available to others – which means that we can better protect your assets and your loved ones. We are one of only two firms in Arizona that belong to the AAEPA and are the only firm in that has been granted membership. If you have assets and loved ones that you want to protect, you are in good hands with MH. Contact us today at 888.222.1328 to schedule an appointment!

This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please contact an attorney in your community who can assess the specifics of your situation
  • Author
  • Recent Posts
Morris Hall, PLLC
Morris Hall, PLLC
Company at Morris Hall, PLLC
For more than five decades, Morris Hall has been providing quality estate planning legal services for its clients seeking opportunities to preserve wealth and assets through estate preservation plans.

In fact, estate planning, asset preservation and probate law have been our only areas of practice. We are proud to have helped thousands of individuals of all levels of wealth and assets, people concerned about protecting their families from the devastating legal and financial effects of disability and death.
Morris Hall, PLLC
Latest posts by Morris Hall, PLLC (see all)
  • Getting Ready for Retirement: Top 10 Tips - March 29, 2023
  • What Is a Durable Power of Attorney? - March 28, 2023
  • The Parental Division Dilemma: How to Divide Your Estate - March 27, 2023

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

MH logo

Main Office

7600 N 16th St, Ste 105

Phoenix, AZ 85020

Phone: 602-249-1328

Fax: 602-248-2887

Subscribe to Our Newsletter

For a sample Click Here

Offices

Our law firm proudly serves many areas in Arizona. See all of our locations here.

Our law firm proudly serves the state of Arizona.  See all of our locations here.

Toll Free: 888-222-1328

Mon-Thur: 8:00am – 5:00pm
Fri: 8:00am – 4:00pm

  • Linkedin
  • Twitter
  • Facebook
  • Youtube
  • Instagram

Need an Estate Planning Lawyer in Arizona?

Looking for an estate planning attorney near you? We have office locations in Phoenix, Mesa, Chandler, Scottsdale, West Valley, Carefree, Prescott, Sedona, Flagstaff, Tucson, and Oro Valley in Arizona so please visit us at the location that is closest to you.

  • © 2023 American Academy of Estate Planning Attorneys, Inc All rights reserved.
  • Disclaimer