questions & answers

Question: My husbands adult children is talking about committing my husband because he does not make decisions without consulting me, his wife. They say in the state of Arizona, they have the right to do this regardless of what I say or feel on the issue and that spousal rights do not matter if the children want this done. We just moved to Arizona, surely this cannot be true. How can adult children that has not been around him override a wife?

Answer: It is difficult to tell from your question exactly what action your husband's children are proposing.  "Committing"  an adult requires a determination that he or she is a danger to self or others.  (Arizona Revised Statutes, section 36-521).  That would require a court ordered mental health determination as to whether he is likely to harm himself or others.  They may also be talking about going to court to establish a guardianship and conservatorship.  Those procedures are also governed by statute.  (Arizona Revised Statutes, sections 14-5303 and 14-5407)  The procedures outlined in both statutes are somewhat similar.  The children would need to file a detailed petition; you and your husband would need to be legally served.  The court would then appoint an attorney to represent your husband and have him examined by a physician or psychologist, who both make reports with recommendations to the court.  If you are concerned, it would be wise to consult an attorney and be advised on your rights.