questions & answers

Question: In 2012-2013 my 80 year old grandmother sold everything she owns to move to Yuma, Az to live with her now husband. He has lived in Az for a few years. Now that he has depleted all of her money and she is ill he now wants to dump her off in a nursing home and move to Canada. What is your state laws on this? I believe if this is allowed to go on in the state of AZ this man will continue to do this to other seniors if he is allowed to get away with this. He has moved her across the country away from all family only to dump her at the state's expense so he can drive back and forth from Yuma to Canada as he pleases!

Answer:

Unless a senior has been determined by a court to lack mental "capacity" [A.R.S. Title 14 Ch 5] she is responsible for her own decisions, including whether to live in a Long Term Care facility; her spouse cannot force her to do this. 

With respect to depleting her resources, Arizona is a Community Property state, which means each spouse retains control of his/her "Separate Property" [ARS 25-213] .  If one spouse personally disposed of the other's Separate Property AND did so without consent of the other spouse, this would be unlawful.  It can be difficult to prove both, but you may wish to seek legal assistance, ideally a family law attorney after obtaining all hard facts from your grandmother. 

Protection is also available to any spouse who has been psychologically abused (even non-violently) via threats, intimidation, name-calling, perpetual belittlement or any verbal or emotional attacks that aim to take control or instill fear in the victimized partner.  A multitude of resources and assistance exist.  Contact the appropriate government department, such as the National Spousal abuse Hotline through their 24-hour telephone number: (800) 799-7233