Legal Question in Elder Law in Arizona

How much power do kids have over their older mother

My friends kids want to put her in a home, sell her house and car, and sign a power of attorney all against her will. This person does not want to move but feels she has no recourse and her kids are walking all over her and do not even care what her opinion is on anything. I would like to know what direction to go to help her stand up for herself and know she has the right to say she is not going anywhere, or at least let her pick the place. She is financially stable and only needs some help now and then and our state has programs for this but she has not even had a chance to sign up for anything yet. I feel she is capable of taking care of herself or maybe have someone come in twice a week to help out with more demanding chores but that is it. Her kids just do not want to deal with anything so putting her away just makes their life easier but she really does not want to do this yet. Please tell me how I can help her maintain her dignity.


Asked on 12/08/05, 12:54 am

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

Re: How much power do kids have over their older mother

Please advise your friend that she has many options to protect herself and to maintain her independence. She has to be willing to take action and she will need to pay legal fees to be sure that her wishes are carried out now and in the future when she is no longer able to manage her affairs or make decisions for herself.

First, and most important, she can appoint someone to be her advocate and representative, to keep the children away from her and from exerting pressure on her or demanding that she take action against her wishes. As soon as the children find out that she is represented by counsel, they will probably back off, and unfortunately, they may leave her alone and withhold their companionship (which they are probably now threatening her with such isolation or some form of improper influence) She needs to know what her rights are and how to protect herself from anyone attempting to exploit her in any way.

The greatest fear expressed by my senior clients is that a relative will take their money and put them in a nursing home. According to your description, no person should be telling her what to do or forcing her to do something against her wishes.

I represent many clients in similar circumstances and welcome the opportunity to meet with her and show her how she can be assured that her wishes will be carried out, even after she may become incapacitated or otherwise unable to make decisions for herself.

To answer your question directly, the children have no legal authority whatsoever, to dictate what your friend must do or not do. She is an adult and is the only one who makes the decisions about her life, until she gives someone authority to make decisions for her or a court appoints a guardian or conservator for her.

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Answered on 12/08/05, 1:52 am


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