Planning Ahead

questions & answers

Question: Can I be barred from handling my own affairs for any reason?

Answer:

Yes, if you no longer have capacity to handle your own affairs. If you become disabled, the Court may appoint a guardian to handle decisions regarding your person and a conservator to handle financial matters.

If you have a trust, then the Trustee will handle financial matters and a conservatorship is not usually necessary. You may still be able to have a small checking account even with a conservator. If you become disabled and your agent/fiduciary obtains proof of your disability (perhaps two letters from doctors or whatever the document requires), then the agent can act on your behalf. You can still act over assets in your name until a guardian/conservator is appointed for you by the Court.

If you realize you are having trouble acting for yourself, you may want to appoint someone to act now for you or resign as Trustee, so that you have the appropriate help in place. You can also hire someone to help you pay bills and make sure your nutrition, hydration, medicine and transportation needs are taken care of.

Comments:

QUESTIONS

  • Can I be barred from handling my own affairs for any reason?

STORIES

  • If you get a divorce, make sure your date of birth is on the Decree if your name is changing!. . .
  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • I just helped my mother, age 89, deal with her Medicare HMO. . .

LegalLEARN

YOUR FEEDBACK IS NEEDED

  • Welcome to our Newly Redesigned Website! Let us know how we are doing! Please take a couple of minutes to fill out our survey.

FIND LEGAL HELP

  • Please select your county of residence below.

    County:
     

OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

ORGANIZATIONS