Legal Question in Family Law in Arizona

Parental Rights

I have a 19 year old son who I have recently placed in a group home because he is unable to care for himself because of his incompetence is unable to make appropriate decisions. He is mentally handicapped requiring 24 hour supervision. At this time, I do not have legal guardianship, so he is considered to be his own guardian. I am having problems with the group home not informing me, consulting with me and including me in my son's life, including allowing me to make realistic decisions on behalf of my son as his representative, advocate and/or parent. They have also had him sign forms without me present which he does not understand what they mean. They tell me my MPOA is only good if he were in a vegetative state or in a coma. They have had him sign a medical release. They are treating me like an ex-parent with no rights and I clearly understand him being his own guardian until I obtain legal guardianship but can they exclude me from his life like they are doing? Legally? My son was not taken away from me under any circumstances. I placed him in the group home as his parent. I did not relinquish my parental rights in doing this, nor did he give them guardianship.


Asked on 1/15/02, 3:39 pm

2 Answers from Attorneys
Rich Peters R. J. Peters & Assoc., P.C.

Re: Parental Rights

Unfortunately, I have had no experience with adult guardianship issues. I can only refer you to a person that might be able to help.

Attorney Richard Bellah, in Glendale, may be able to help. You can contact him directly at 602-246-8101. He may be willing to answer your questions over the phone. Otherwise, if you schedule a consultation, please be sure to find out the cost. I am not sure if he offers free consultations.

Feel free to let him know that I referred you to him.

s/ Rich J. Peters, Attorney

JON C. DAKE & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602.254.7251

602.254-1229 (facsimile)

see our web page at www.familylawaz.com

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Answered on 1/15/02, 4:01 pm

Re: Parental Rights

Your situation must be extremely frustrating for you. My own family struggles with my nephew's disability, and service provider issues, so I know how heart-breaking this situation can be. May I suggest that you start by calling the Center for Disabilities Law? They are there specifically to assist families like yours, and they offer both the legal information you need to understand your rights, and often, advocacy assistance. Sometimes all it takes to get change is a phone call from the CDL. If that first step doesn't lead to resolution, you may consider hiring an attorney.

Unfortunately, I am currently out-of-state, and cannot look up the Center's number for you, but it is listed in both the White Pages and Directory Assistance. Good luck, and if you feel like it, please let me know how things progress.

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Answered on 1/15/02, 9:27 pm


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