Legal Question in Wills and Trusts in Arizona
Power of Attorney-Long-term care
My father recently went to the hospital, the doctors told me that he had a mild heart attack, severe brain toxicity and brain hemmorhage, they told me he was permanently brain damaged and was no longer making desions for himself. The social worker and doctors told me to start an application for long term care through Access, that he would spend the remainder of his life there, zero chance of recovery. The hospital released his keys to me and I went to his house to get the information needed to process the application, while there I found his dog a home and donated most of his things, (food, dry goods, clothing, furniture), I also stored his valuables in his van and moved them to my location. He had 2 vehicles that were both salvage material, I had someone look at them, although they were on the property when I left, and I paid the rent. I also shut off his phone and paid the bill in full. They are now saying he may recover, am I at risk of being arrested if he presses charges for theft? I have his important belongings, although the van quit running and I had to have it towed. I did not sell anything, in fact I had to pay to have some items removed.
1 Answer from Attorneys
Re: Power of Attorney-Long-term care
We wouldn't dream of asking an attorney to operate on us, but we get legal advice from doctors, social workers and "garage lawyers" so often.
You make no indication that you had any power of attorney from your father, or any guardianship appointment from the court, so I presume you had neither. You acted in good faith, so hopefully your father will understand. You might be taking care of his needs since you liquidated his property. Technically you had no legal authority to do these actions, but there was not really anything valuable. If your father recovers I presume he will understand what happened and why you acted for his benefit.
This again is an example to everyone to be prepared with an organized estate plan, for medical care, finances, a personal medical directive and proper powers of attorney, not just a will, in the event of incapacity. It happens to someone every minute.
Good luck. There is little you can do other than try in good faith to care for your father. Next time, get legal advice from an estate lawyer.
Best regards,
James D. Jenkins
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