Legal Question in Elder Law in Arizona

health care for father

My father remarried and gave his new wife total control of his estate. He suffers from dementia and is in a nursing home. She wants the funds from a family trust which is not suppose to be used for his care until all of his assets are gone. She has been cashing his assets and I believe putting them in her name and going to the trustee and saying she has no more money so the trust must pay for my fathers care. The trustee has asked for documentation of where the assets have gone but the new wife refuses information. Now the wife is moving my father to an inferior quality nursing home without lock down even though he has alzheimers and wanders. She has decided since the trust will not pay for his care she will move him. Is this negligence? Blackmail? Any legal way to keep him in the home he is in and pay for it with his assets (which she is controling) or does she have all the rights? Thank you.


Asked on 7/10/08, 7:34 pm

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

Re: health care for father

You can bring an action in the Probate Court for a determination of whether or not, the wife is financially exploiting your father or abusing him physically, and whether the trustee of the trust is abusing his/her discretion and failing to carry out the terms of the trust properly.

Such allegations are common and the review by the court is the place to go with your complaints, particularly if he is not safe or being cared for properly.

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Answered on 7/11/08, 12:54 am


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