questions & answers

Question: My father has dementia- he is 76 yrs old and his current wife wants to put him in the VA in long term care- we are 100% against this as his Children. She won’t allow us any say with his care. I have medical power of attorney from several years back. Is there anything I can do and does that ever expire? She doesn’t know that I have this.

Answer: If you have a valid medical power of attorney, the question will be whether there are other superseding documents or court orders.  Do you know if the wife has a newer medical power of attorney?  Has she been appointed by the court as your father's guardian?  You would be well served to discuss the issue with an attorney after checking to see if a guardianship has been filed.  There are three programs in Arizona that you can use to get inexpensive legal advice and guidance.  One is the modest means program.  You wil need to apply for the program and meet the financial qualifications.  Once you are qualified, Modest Means will send you a list of attorneys whose practice covers your area of concern.  You select a lawyer from the list and will be entitled to a one hour consultation for $75.  If you need additional help and if the lawyer agrees to take your case, the most you will be charged is  $75 per  hour.  The telephone number is (866) 637-5341.  Both Maricopa and Pima Counties have lawyer referral programs that offer a 30 minute consult with an attorney.  Maricopa County's Lawyer Referral Service offers its 30 minute consult with an experienced attorney for $40.  The telephone number is (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute attorney consult for $35.  The telephone number is (520) 623-4625.