Legal Question in Wills and Trusts in Arizona

Wills

my father, a widower, is in a nursing home with moderate dementia. His assets are all in a family trust with my brother and I as beneficiaries. We also have POA in dealing with his affairs. It appears that a female resident of the nursing home is interested in my fathers assets, and is suggesting that he marry her even though he is not capable of making such decisions. What can we do to prevent such a marriage, and to make sure that she doesn't inherit any of my father's assets even though my father does not have the mental capacity to change his will? Would she still be entitled to his money just by virtue of being his wife even if she is not added to the family trust as a beneficiary? Thanks!


Asked on 6/15/09, 8:09 pm

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

Re: Wills

If you have power of attorney, contact the management of the nursing home and gain proper assurances that no marriage or other relationship takes place, not for "fun" and not for real. If you do not get satisfaction, take him out of this place and place him in a better home. If he only has dementia, why is he in a nursing home? If you have any difficulty, I would be happy to consult with you to make sure that your father is safe.

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Answered on 6/15/09, 8:17 pm


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