Legal Question in Wills and Trusts in Arizona

I dealt with this a few years ago, and the companion of 30 years was excluded by estranged family. The injured person recovered, and I met them as provisions were made for next time. There are only two real ways to provide rights to significant others...first, an advance power of attorney. Since Wayne cannot do that now it is not an option, but if he recovers that would solve all the current problems for a future event. The other option is a guardianship. If you file court papers for an emergency guardianship you can propose yourself as his guardian. However, direct family has priority so the Court would have to be convinced they were unsuitable as guardians- this is unlikely. Also, if his daughter has a Power of Attorney, she'll provide that to the Court and the Court will assume that Wayne chose her to be his Power of Attorney/Guardian. I'm sorry I cannot give you a better answer, but non-family members have no rights in this matter unless they have a Power of Attorney in advance.

Your ability to act under these circumstances depends upon Wayne's mental capacity. Just because he had a stroke, does not automatically mean that he lacks sufficient mental capacity to appoint you as his agent under his power of attorney. He needs to be capable of knowing who he is, where he is, what his estate constitutes, and who his heirs at law are, and then be able to express his wishes and make informed decisions about what he wants and who is to make decisions for him, even though he may be incapacitated in the future.

If the "daughter" has a valid DURABLE power of attorney, she may have legal authority to do what she is doing, but I don't see how she had any authority to put you out of the apartment. If she cannot show you the power of attorney document, then she doesn't have one, and if she does show you one, get a copy so that it can be determined if it is valid. Either way, you should go to the probate division of the Maricopa County Superior Court and petition for appointment as his guardian and conservator. There is a procedure to seek emergency (immediate) appointment, pending your permanent appointment. A daughter (by blood or adoption) has priority for appointment, however, the court is not bound by that and will decide who is the best person to act for Wayne, the priority can be overcome by demonstrating that you are the best person to take care of Wayne, ie. you will not separate him from his friends, and that you are the one who will act solely in his best interests.

You can go to the self service center of the court and get instructions and forms to do this, however, you will be well advised to retain an attorney to lead you through this process and make sure that it is done correctly. It is a costly process, however, Wayne can reimburse you for the costs, expenses and fees, once you are appointed by the court. Even if you are not appointed, you can be reimbursed for the costs and fees incurred, if the court so orders upon finding that your actions benefited Wayne, as I think this is clearly the case and that you are trying to protect him. If you want to discuss this further, I am available to meet with you for a consultation (1-2 hours) for a fixed fee.