Legal Question in Family Law in Arizona
My mother has advanced Alzheimer's and is in a memory care facility in AZ. Her second husband has chosen not to be around her because of the disease. He lives in a different state, is elderly and in failing health. They have a pre-nup and have kept their finances separate their entire married life. I have POA and have handled my mother's finances for the past several years. I want to protect my mother from obligations her husband might incur including health care costs that outstrip his ability to pay. Do I need to file a divorce action, or is a legal separation adequate to protect her?
2 Answers from Attorneys
I am broken hearted for you. My mother too has the same disease and it's painful for everyone.
I would definitely move forward with a divorce or legal separation. It makes no difference which you pursue unless you want her divorced in the end. Then a legal separation is a waste of time. That's the only way you can approach this. Unfortunately if she cannot make decisions for herself the court may want to appoint a guardian ad litem. While you have decision making authority, it gets a little trickier in the divorce area. Make sure you consult with a lawyer about her rights and responsibilities.
I do not believe that a Power of Attorney is sufficient authority to file for divorce or legal separation. I believe you will need to pursue orders of Guardianship and Conservatorship. THEN, you will have the legal right to hire counsel on her behalf, prosecute the divorce or separation, and make decisions you believe to be in her best interests.
We can certainly help you consider and then pursue your options both for the adult guardianship/conservatorship and for the divorce or legal separation.
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One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.
Please call us directly to discuss the specifics of your matter, or contact my assistant Gina or my paralegal Jennifer to schedule your free 1/2 hour consultation.
/s/ Rich J. Peters
R.J. Peters & Assoc., P.C.
1422 North 2nd Street, Suite 100
Phoenix, Arizona 85004
602-254-7251
facsimile 602-254-1229
see our website at www.familylawaz.com
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