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Question: Can a convicted felon be appointed a power of attorney over someone?

Answer: A court cannot appoint a convicted felon as a fiduciary (a person holding certain powers, such as power of attorney), because convicted felons do not qualify for a fiduciary license. A.R.S. § 14-5651(C)(3). However, there are generally no limitations on a private person giving power of attorney to a felon. A private person can willingly give power of attorney over their affairs to a convicted felon, unless that felon was a licensed fiduciary whose licensed was revoked. A.R.S. § 14-5501(F). However, even a convicted felon whose fiduciary license was revoked can still gain power of attorney over a relative by blood, adoption, or marriage. For fact-specific information, please consult an estate planning attorney.

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