Legal Question in Wills and Trusts in Arizona
Aunt is in nursing home
My aunt is 87 I have durable power of attorney from internet.Nursing home needs to be paid and so does other bills.Aunt has check book with her name only on it. She has been diagnosed with dementia. Wells fargo does not recognize power of attorney they have their own. She is not able to leave nursing home in her condition.How do I get on checkbook to write checks for her without dragging her wheelchair and oxygen to wells fargo bank. Her late husbands brother is on her will but is in Maryland and he has no wish to remain as such but she also is the only one who can change this. He said send me any papers and I will sign off. I was originally on as executor of estae and on will until he started sending her money and offers to live with him until he found out she was so sick. I am the only legal relative in the state assisting her all others are in Michigan and not on speaking terms. The nursing home wants me to be able to write checks and stop her from writing checks to people she meets at the nursing home because they are so sweet. Any advice will be helpful-thank you
2 Answers from Attorneys
Re: Aunt is in nursing home
Guardianship is one answer, but is time consuming and expensive. If your aunt still has enough testamentary capacity to sign a will or power of attorney you can avoid court with private estate documents. I cannot comment on your power of attorney without viewing the copy. Wells Fargo may be wrong, but you will need an attorney to convince them. I have had many disagreements with them over Arizona estate documents. Their legal department is in San Francisco.
Consult with an estate attorney. Your aunt's funds can be used for this. Have all information available, such as approximate values of her assets, copies of will and power of attorney, health care power of attorney, living will, etc. and only then can you get a proper evaluation. Also, a trust may be in order to avoid probate.
We offer free, no obligation initial consultations. Call 480.835.1500 to arrange this. Due to the holiday you should call someone quickly.
I would never advise you to seek a court guardianship without a further in-depth analysis, as stated above. Guardianship requires a lot of expense, a court-appointed attorney that your aunt also pays for in addition to the attorney that files the petition, a $350.00 court visitor fee, a report from a doctor, a court hearing that could be a month away, and ongoing expense of supervision of the court. That is done as a last resort if other alternatives are not available. The total expense can be $5,000.00 or more.
Best regards.
Re: Aunt is in nursing home
Just get an evaluation from the doctors and than go to the Court and apply to be appointed guardian
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