Legal Question in Elder Law in Arizona

I have a family member who is being put into a nursing home by his current wife. He's 97 years old and she's 94 years old. The problem is we want to take custody of him so he won't be placed into the live in facility. We had his wife sign a The power of attorney over to us, but we did not get it notirized. Are we able to take care of him or have any legal powers for him?


Asked on 7/08/10, 2:21 pm

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

The wife does not have the legal authority to "sign a POA over to you" and without witnesses and a notary it would not be validly made. You should immediately consult with an experienced attorney, such as myself, so that you can learn of your options and what steps need to be taken in order to have the legal authority to act on his behalf. You should take action immediately as it is very stressful to place someone in a nursing home, against their will. They could deteriorate quickly in that environment, particularly if they feel abandoned.

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Answered on 7/08/10, 7:12 pm


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