Legal Question in Elder Law in Arizona

Guardianship issue --befor it is too late

Can a family trust and a person's money be protected from a non-blood relative person who has applied for guardianship?

An 80 year old lady whom I have known for years, has gotten herself into a mess by having given a former neighbor medical power of attorney. The old woman went to the hospital recently, and I presume they ha da copy o fan old medical POA from years ago. What has wound up happening is this woman named as medial POA has somehow applied for guardianship. It is now at the stage wher on May 8 of this year the medical POA had an attorney draw up a legal document called ''ORDER APPOINTING TEMPORARY TITLE 14 GUARDIANSHIP OF AN INCAPACITATED PERSON AND AUTHORIZED CONSENT TO INPATIENT MENTAL HEALTH CARE AN TREATMENT INCLUDING PLACEMENT AND AUTORIZATION TO INVESTIGATE AND SECURE ASSETS ! The old woman does not waht this woman as her guardian. She does not want anyone looking into her assets! She has a somewhat ill son who does not live in the Phoenix area) and she wants her money strictly for herself and her son. I found out about this recently through her son. I have been trying to assist the elderly woman so that HER WISHES ARE CARRIED OUT! She doesn't trust this woman applying for control


Asked on 6/03/06, 12:40 pm

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

Re: Guardianship issue --befor it is too late

Yes, you can take action to see that the elderly woman's wishes are conveyed to the Court. First, her son should file a cross petition for appointment as her guardian and conservator, as he would have priority for appointment. Second, a doctor must certify to the court that she is incapacitated and unable to make decisions for herself. Assuming that she is incapacitated and needs the protection of a guardian and conservator, then it is the court's duty to protect her. When a petition is filed for guardianship, the court appoints an attorney to represent the woman, you should contact that attorney at once. If the son wants to petition for appointment or if you want to be appointed, then you may contact my office for an appointment. I will require that legal fees be paid in advance, however those fees and other costs expended for her protection, can be reimbursed to him or you out of her estate.

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Answered on 6/05/06, 1:09 am


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