Legal Question in Elder Law in Arizona

Can you get guardianship of an elder back from the state

My aunt has no children her brother (next of kin) lives out of state. A nephew applied for guardianship & conservatorship but withdrew when the investigator questioned his intent. The hearing was held, no family or friend was present & my Aunt's affairs and care are now controled through the Public Fiduciary's office. She has a Will that she doesn't remember signing & will be contested which leaves everything to the nephew. We are cofident the nephew will not win. Her brother and I fear that the government will end up getting her estate or possiblly do a reverse mortgage on her home or handle things in such a way that there is nothing left for him. This is not what my Aunt wants. The state says she is no longer capable of making her own desisions. My Aunt is at home and I care for her, they did leave that much in place. Her life is now down to a matter of days maybe a few weeks only God knows for sure. Her brother will be flying in at the end of the week to hopefully staighten things out while she is still living. He will only have a few days he can be here before he has to return home. What steps should he take to get conservatorship & guardianship quickly. And/or will a video tape of my Aunts wishes help or hold up in court?


Asked on 7/31/06, 2:34 pm

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

Re: Can you get guardianship of an elder back from the state

One can always petition the court for guardianship/conservatorship or you can petition the court for review of the actions taken by the public fiduciary. In the ward is going to pass away in a few days, it is doubtful that anything can be done with the appointment of G/C. It is also doubtful that the ward has the capacity to make a new Last Will and a video of her expressing her intentions would not serve as a will, nor does it establish that she has capacity.

The good news is that the government does not end up with her estate. If a person who dies without a Will, then state law determines who inherits her estate. The public fiduciary would not do a reverse mortgage without the permission of the court first obtained.

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Answered on 8/02/06, 12:10 am


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