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.
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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.
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QUESTIONS
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Can I be barred from handling my own affairs for any reason?
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can a spouse sign over guardianship which to someone when he never got it legale through a court of law or two doctors
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If I remarry will spouse be responsible for my debt before we where married
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How does a disclaimer of rights of survivorship in jointly held property work?
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My mother is the guardian for my brother, who has Down's Syndrome. He is dependent on her for many of his needs. How can she plan ahead in terms of his care and guardianship? In other words, can she put that in her will or does she need to set something up in the courts? What happens if she does not? Kindly,
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What makes a Will valid in the state of Arizona
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When a spouse passes away and has debt in his/her name only, like credit cards, and or contractual obligations for satellite services or cell phone service that charge fee for early termination, etc.- is the remaining spouse responsble for that debt and fulfilling contractual obligation?
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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.
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I am a double lung transplant recipient and even though my doctor says that I cannot return to work, CIGNA looked at my hospital records and a panel cancelled my waiver for my Life Insurance premiums from my employer benefits. Can they do this? My life expectancy is short, about 5 years on average. My wife and I are on disability and they want a quarter of the premium to appeal their decisions. We are debt free don't want to acquire more debt to fight this. Can someone help?
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If I already have a Durable POA, and need to change my address how do I do this on the original document?
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