Planning Ahead Article
When Diminished Capacity Comes Home
Your mother always prided herself on her ability to take care of herself and her home. Now, you are seeing changes. Bills not being paid. Clutter in a formerly immaculate home. It may be time to have that difficult conversation. But where do you start, and what assistance does the law provide?
Court intervention may be avoided if valid powers of attorney are in place. A Health Care Power of Attorney permits you to make health care decisions for your mother. A General Power of Attorney permits you to make financial decisions for her. Arizona law is strict about what powers of attorney permit you to do, and their authority ends when the principal dies.
If you need court intervention, you can petition for the appointment of a guardian or conservator. A guardian makes decisions about a person’s care, living arrangements, health, etc. A conservator makes financial decisions. Trained, licensed professionals (known as private fiduciaries) can be appointed as guardian and conservator if no one in the family is able or willing to serve.
The legal process begins by filing a petition and obtaining a hearing date. The court automatically appoints a court investigator to visit your mother, an attorney to represent her, and a physician to examine her. At the initial hearing, if your mother does not object, a guardian or conservator is appointed for her. If she objects, she is entitled to an evidentiary hearing. Because the probate court takes great pains to avoid the cost and pain of protracted litigation, the parties will likely be encouraged (or ordered) to attend a settlement conference with an experienced judicial officer or elder law attorney.
This article was written by James A. Fassold an elder law attorney at Tiffany & Bosco.
___________________
A.R.S. §§ 14-5501 et seq., 36-3221, 36-3281.
A.R.S. § 14-5301 et seq.; A.R.S. § 14-5401 et seq.
Comments:
QUESTIONS
-
How does a disclaimer of rights of survivorship in jointly held property work?
-
I work at home and currently have Joint 50/50 decision-making and parenting time. If I continue to exercise my first right of refusal while the other party is working would that be helpful when going back to court post-decree to help get more time with the children?
Where Can I Buy Viagra (sildenafil) Online at Lowest Price?
-
my wife left my kids and i. i want to know my rights if my wife wants to move back in and tries to make me leave?
-
My question is can a person have two people to be her representative and alternate? Would that be power of attorney? I am at that place in my life where this is urgent I fill out and choose to be my power of attorney. I was just diagnosed with cancer.
-
If my 81-year-old husband predeceases me without a will, how is his estate settled? We have no children together, but he has three grown daughters. The bank accounts, house and car pass to me because we own them jointly with right of survivorship, but what about other property he owns by himself?
-
what does the law say I must do if my wife dies during the night. we have a living will, power of attorney. donator list and we don't want heroic measures if there won't be s good out come. we want to be cremated (in paperwork) can I just drive her to the hospital etc?
-
Can I just leave my savings in a bank account for later use?
-
How do I recieve my husbands retirement benefits if he is deceased and we were divorced before he dide?
-
Can I be barred from handling my own affairs for any reason?
-
Where can I find an online form for a Power of Attorney that I can print?
STORIES
LegalLEARN
-
Free & Reduced Fees Legal Aid Resources
Click Here to apply online, or call
866-637-5341.
FIND LEGAL HELP
- Please select your county of residence below.
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
- DNA - People's Legal Services - Chinle
View full description - DNA- People's Legal Services - Fort Defiance
View full description - Arizona Corporation Commission
View full description - Gila County Housing Dept.
View full description - Volunteer Lawyers Program - Pima County
View full description
