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.
Comments:
QUESTIONS
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When and how to contact a fiduciary.
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When my mother was living she put my sister's name on my decease fathers money and now she has passed. What should be done with the money my sister has. Shall if be divided among the siblings?
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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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where can i get free or very low help in filling out a qualified domestic relations order (qdro)
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MY mother is currently on hospice for liver cancer she is 71 I have a little brother that is in prison serving 45 years he has only been in there 13 years me and him are my mother's beneficiary when that time comes the check will be in both of our name's how would go about cashing and putting his part up or possibly sending it to him?
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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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Can I get my CDL if I have my mmj card?
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How do I begin to file probate if there is no will?
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I have a Living Trust that has my daughter as the executor. I want to change it to have my granddaughter as the executor however the company that wrote up the trust says my daughter has to be present in order to change the trust. Is there a law that says she must be present?
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I live in a manufactured home on my daughers land. In lieu of space rent, I "sold" my trailer and car to her back in 2010. It is now jointly titled. When I die, I will only have household possessions, clothes, some jewerly. My entire possessions if sold at yard sale prices would probably net less than $2,000. Would my daughter have to do a Small Estate Affidafidt for my few earthly possessions? The cost of filing and hiring a lawyer would surpass the value. I may have to go on Medicaid as well- do they go after personal possessions (not property)? I would hate to have to cause such a burden for such few possessions. Thank you!
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