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Wills and Estates

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.

 

This website has been prepared for general information purposes only. The information on this website is not legal advice. Legal advice is dependent upon the specific circumstances of each situation. Also, the law may vary from state-to-state or county-to-county, so that some information in this website may not be correct for your situation. Finally, the information contained on this website is not guaranteed to be up to date. Therefore, the information contained in this website cannot replace the advice of competent legal counsel licensed in your jurisdiction.

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