Definitions

Paralegal vs. Certified Legal Document Preparer

 

Pursuant to  A.R.S. Sup.Ct.Rules, Rule 31 (a) (2)(C):

"Legal assistant/paralegal” means a person qualified by education and training who performs substantive legal work requiring a sufficient knowledge of and expertise in legal concepts and procedures, who is supervised by an active member of the State Bar of Arizona, and for whom an active member of the state bar is responsible, unless otherwise authorized by supreme court rule."


Certified Legal Document Preparer as defined by the Arizona Supreme Court  ARIZONA CODE OF JUDICIAL ADMINISTRATION Section 7-208:

Legal document preparer” means an individual or business entity certified pursuant to this section to prepare or provide legal documents, without the supervision of an attorney, for an entity or a member of the public who is engaging in self representation in any legal matter. An individual or business entity whose assistance consists merely of secretarial or receptionist services is not a legal document preparer. 

Types of Deeds

"Quit-Claim Deed"

To convey all of one's interest in (property), to whatever extent one has an interest. (Blacks Law Dictionary)


"Joint Tenancy Deed"

A tenancy with two or more co-owners who take identical interests simultaneously by the same instrument and with the same right of possession.  A joint tenant has the right of surviviorship to the other's share.  This must be clearly expressed in the conveyance. (Blacks Law Dictionary)


"Community Property Deed"

Identical to the Joint Tenancy Deed with the exception that it is reserved for persons who are married.


"Beneficiary Deed"  Per A.R.S. 33-405(A) 

A deed that conveys an interest in real property, including any debt secured by a lien on real property, to a grantee beneficiary designated by the owner and that expressly states that the deed is effective on the death of the owner transfers the interest to the designated grantee beneficiary effective on the death of the owner subject to all conveyances, assignments, contracts, mortgages, deeds of trust, liens, security pledges and other encumbrances made by the owner or to which the owner was subject during the owner's lifetime. 


Powers-of-Attorney

There are several different types of powers-of attorney.  Listed here are just a couple of them.


"Durable Power-of-Attorney"  A.R.S. 14-5501

A durable power of attorney is a written instrument by which a principal designates another person as the principal's agent. The instrument shall contain words that demonstrate the principal's intent that the authority conferred in the durable power of attorney may be exercised. 


"Health care Power-of-Attorney" A.R.S. 36-3221

A  person who is an adult may designate another adult individual or other adult individuals to make health care decisions on that person's behalf or to provide funeral and disposition arrangements in the event of the person's death by executing a written health care power of attorney.  

It must contain certain requirements as listed in the statute.

What is a PLLC?

 A PLLC is an LLC organized under Chapter 4 of Title 29 of the Arizona Revised Statutes for the purpose of providing one or more categories of service that may be lawfully rendered only by a person licensed, or otherwise authorized by a licensing authority in Arizona to render the service.The PLLC specifies that, in those cases where only a person licensed or otherwise authorized by an Arizona licensing authority categories of service, the licensee(s) may do so only as a PLLC. Please refer to A.R.S. 29 for more information

What is a "Will?"

A will is a written document that directs the disposition of a person's property after his or her death. A will nominates one or more "personal representatives," sometimes also referred to as "executors," to manage and distribute the estate. A will can also nominate a person to serve as a guardian and/or a conservator for a minor child or incapacitated adult. (Arizona State Bar)

What is a "Living Trust?"

A living trust, or revocable trust, is an estate-planning arrangement under which a trustee (which can be one or more individuals and/or a bank) takes title to the assets of the original owner (the "settlor"). In most cases, the settlor is also the initial trustee. The terms of the document designate who will take over as trustee when the initial trustee is no longer willing and able to act. The settlor is often the only beneficiary during his/her life. (Arizona State Bar)

FAQS

Legal Information vs. Legal Advice

It's important to know the difference between legal advice and legal information. You might obtain general legal information at a legal clinic or in a pamphlet available through the State Bar or various self-help centers through the state. That information might help you decide the next step you should take to fix your legal problem. Only Arizona lawyers can give you legal advice.  When you hire a lawyer, you will receive advice specific to your problem.  

Source: Arizona State Bar www.azbar.org

What is legal information?   

       Factual information that is available regarding: · The law · Court procedures Information that is generic · Applies to all · Applies to a class of   people in a particular situation Communicates   facts about: · Court procedure · Resources · Court records · Forms or pleadings · Informational pamphlets · Copies of statutes · Practices and due dates     

What is legal advice?   

       Any written or oral statement that : Interprets some aspect of the law, court rules, court procedure, or recommends a specific course of conduct a person should take in an actual or potential legal proceeding · Applies the law to the individual's specific factual circumstances, or requires the person giving advice to have knowledge of the law and legal principles beyond familiarity with court requirement.    

Source: Arizona State Bar  www.azbar.org