questions & answers

Question: My father remarried two years ago. His health is taking a turn for the worse and he will need assisted living soon. They currently live in independent living with a meal plan. His own retirement is enough to cover the cost of assisted living, but his new wife is spending money on groceries that they don't need - about 900 dollars a month. The family is thinking of getting my dad out of this situation, but we don't know what the best thing to do is. What steps should we take?

Answer: A senior citizen has the same rights to choose their health care, living arrangements, financial expenditures and spouse/life partner as does any other adult. Unless a person is determined by the court to be mentally “incapacitated” including the inability to make healthcare and/or business decisions, [incapacity is defined in A.R.S. Title 14 Trusts, Estates and Protective Proceedings] personal financial issues involving a senior and his/her spouse are their private matters. In the event of an "incapacitation" ruling by the court, if pre-written Power of Attorney documents were signed by a Senior (for healthcare and/or financial decisions] the POA(s) then take effect, and give authority for such decisions to the individual named in the POA document.