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Question: My mother's second husband (married 3 years) agrees with my brothers and I that my mother has progressing memory degeneration. We have asked her to get a check up for her own good. Her husband will not help us get her to go for a check up. Is there anything we can do?

Answer:

The law does not require anyone to obtain any form of medical treatment without her own consent.  You can pursue a court determination that she lacks the ?apacity? to make such decisions for herself, and that you (not her husband) should make such decisions for her as her Guardian.  For a court to make such a decision, a mental health care professional must provide proof, acceptable to the court, of your mother's incapacity. (A.R.S Title 14, Chapter 5, Article 3)

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QUESTIONS

  • My mother's second husband (married 3 years) agrees with my brothers and I that my mother has progressing memory degeneration. We have asked her to get a check up for her own good. Her husband will not help us get her to go for a check up. Is there anything we can do?

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  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
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    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
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    866-553-0893
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