Colorado Springs, CO asked in Elder Law for Arizona

Q: My 90 yr. old Mom lives in Phoenix. I live in Colorado. Could I request to be her guardian and move her to Colorado?

She has dementia, but hasn't gone through the complete diagnosis process as she refuses to see the doctor. What rights do I have as her daughter to provide a safe environment for her even if it is against her will? How can I compel her to move to an appropriate residence since she is in denial? Are there any legal grounds which I can use since I have her best interest and safety at heart?

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1 Lawyer Answer
Ryan K Hodges
Ryan K Hodges
  • Elder Law Lawyer
  • Mesa, AZ
  • Licensed in Arizona

A: The answer to most of your questions is to get guardianship of your mom. You will then be able to get her appropriate placement, even against her will. You will need to show that she is incapacitated and unable to care for herself. This is usually done with a doctor's report. Once you have guardianship, you can then move her from Phoenix to Colorado. You will need to get court permission to do so, but it is usually freely granted. You will also need to start a guardianship in Colorado to maintain continuity of care.

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