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Arizona Elder Law Questions & Answers
0 Answers | Asked in Estate Planning, Elder Law, Legal Malpractice and Probate for Arizona on
Q: Do beneficiaries of a deceased client have rights

Is a beneficiary of an estate protected by law against an attorney for the deceased

1 Answer | Asked in Family Law, Civil Rights and Elder Law for Arizona on
Q: Is there a way to Revoke my sister's power of attorney for medical - negligent in her duties. Do not want guardianship

She has filed an order of protection against me and has stated she is not capable of taking care of my mother because she suffers from many ailments. I paid and spoke with an attorney and he said I did not have a strong case to try and seek guardianship trying to figure out what options I may have... View More

James L. Arrasmith
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answered on Feb 1, 2024

Revoking a power of attorney for medical decisions in Arizona typically requires specific actions and may depend on the terms of the original power of attorney document. Here are some steps to consider:

1. Review the Power of Attorney Document: Examine the power of attorney document to...
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1 Answer | Asked in Banking and Elder Law for Arizona on
Q: My father-in-law is being abused financially. His wife took 300k He needs $ to attend his daughters celebration of life

Can we call the police or file an order so he can regain his 50%

James L. Arrasmith
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answered on Nov 12, 2023

In Arizona, if you suspect financial abuse of your father-in-law, you can indeed take action. First, consider reporting the situation to the police, especially if you believe a crime has been committed. You can also contact Adult Protective Services in Arizona, as they investigate cases of elder... View More

1 Answer | Asked in Contracts, Criminal Law, Elder Law and Identity Theft for Arizona on
Q: Who can i have look at this durable POA document that my mom signed for my sister in law and my brother? It looks wrong.

The only signature that's legit is my mom's 1 signature. And the 2 disinterested witnesses signatures are done by the same person. Who happens to be my sister in laws best friend. And I've never seen a notary that has handwriting like a child's. And all of the initials are not... View More

John Michael Frick
John Michael Frick
answered on Sep 29, 2023

If you have genuine concerns about the authenticity of a power of attorney, particularly one with handwritten and initialed changes, you should decline to accept it and request a clean version whose authenticity you don’t question.

1 Answer | Asked in Family Law and Elder Law for Arizona on
Q: My spouse has an order of protection so I can’t get into my private residence. I am the sole owner of the property.

Residence was purchased prior to marriage 6 months ago

T. Augustus Claus
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answered on Jul 10, 2023

In situations where there is an order of protection in place, it typically restricts the individual named in the order from entering certain locations, including a shared residence.

1 Answer | Asked in Consumer Law, Collections and Elder Law for Arizona on
Q: A bathroom remodeler wants to assess me with restocking fees because I want to cancel now after 4 mos., can they do that

Installation was set to begin the week of September 26th. installers arrived & I questioned them on what exact directions were they given for the bathroom intallations. After their compliance with my request, I noted that they were given incorrect information concerning the specifics of one of... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 30, 2022

Dollar to a donut says that in your contract/estimate/invoice/ etc., there's mention of a restocking fee. Restocking fees are common in that business.

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Health Care Law for Arizona on
Q: Boyfriend signed me as Emergency contact in ER registration, but son was defaulted as medical poa. Pneumonia, Now what?

In Arizona, we live together for 8 years. Trust has no Medical POA. Only a will. We moved 3 mos. ago to mfg home in my name. Boyfriends IRA (I am beneficiary) and healthy checking. Balance. Revocable Trust dated 2017, attorney disbarred in 2018. No e-file.

Mike Branum
Mike Branum
answered on Jul 21, 2022

"Now what?" is a really vague question, but I am answering with the presumption that your question is "how do I make my boyfriend my medical POA?" You need to execute a medical POA and provide the hospital a copy.

You can find the form for the State of Arizona here:...
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1 Answer | Asked in Estate Planning and Elder Law for Arizona on
Q: Revocable living trust, dad past. Can she not read the will to the boys now, time limit on filing to make it irrevocabl.

Plus he has a special clause for if one of the boys get disabled the trust is to help him and he does not get his 20%. Pays for other items medicare does not pay.

David Gerszewski
David Gerszewski
answered on Jun 2, 2022

I would recommend you talk to an attorney review the Trust. Trusts with special needs considerations are usually more complex than a regular trust. It is very likely the trust may only became irrevocable after the spouse passes away, not after the first person passes away. An attorney will need to... View More

1 Answer | Asked in Estate Planning and Elder Law for Arizona on
Q: If your lawyer passes what happens to all his files do they go to someone else or do they get thrown out
Nina Whitehurst
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answered on Oct 26, 2021

Normally the attorney will have designated another attorney to take over his files when he passes. If not, then a court will usually get involved to appoint an attorney to take over the files. The designated attorney takes custody of the files and goes through them and does his best to return all... View More

1 Answer | Asked in Family Law and Elder Law for Arizona on
Q: I am in urgent need of a "Pro Bono" lawyer. I am 80 years and my son has taken everything I owned.

I cannot afford a lawyer that charges a fee before I get everything back from my son.

Stephen M Vincent
Stephen M Vincent
answered on Jul 14, 2021

You can try one of these services:

Community Legal Services: (602) 258-3434

Legal Aid of Arizona: (480) 658-2552

Arizona Bar Foundation: (602) 340-7366

1 Answer | Asked in Criminal Law and Elder Law for Arizona on
Q: Is it more believable that you remember vaguely winning a prize two years ago and not remembering if you filled out tax

Papers or is it more believable that you don't remember any of it

Matthew Maerowitz
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Matthew Maerowitz
answered on Feb 8, 2021

This is not a legal question. Unfortunately, an attorney won't be able to help with this question as this does not involve any issue requiring legal knowledge.

1 Answer | Asked in Criminal Law, Family Law and Elder Law for Arizona on
Q: Can an attorney demand that a defendant have a phone conversation

Is it pertinent that the defendant is actively looking for legal representation?

Rich J. Peters
Rich J. Peters
answered on Feb 1, 2021

In Family Court, it can be important to show that you have reasonably responded to communication requests from the opposing party's attorney. If you are very close to hiring an attorney, then the opposing attorney should of course await that attorney's contact. However, if it goes days... View More

1 Answer | Asked in Family Law and Elder Law for Arizona on
Q: What is " Power of Attorney " for?

Well what rights does that give you ? An under what what kind of circumstances would it be used for?

Ryan K Hodges
Ryan K Hodges
answered on Sep 8, 2020

"Power of Attorney" is a term commonly used for a legal arrangement where one person (the principal) gives legal authority to another person (the agent) to make certain decisions or to do certain acts on behalf of the principal. A power of attorney can be general to cover many... View More

4 Answers | Asked in Estate Planning and Elder Law for Arizona on
Q: My father just passed, and we just realized that our step mom is not able to take care of her self.

What documents do we need to have her sign, so we can legaly take care of her estate if she were to pass and be able to pay her bills and any other issues regarding her.

Michael Gerity
Michael Gerity
answered on Jun 11, 2020

Hello. I am sorry to hear of your loss, please accept my condolences.

The answer to your question would depend, in part, on what kind of estate planning your father had done. Your father's estate may have to go through the court process called probate in order to transfer assets to...
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1 Answer | Asked in Elder Law, Estate Planning and Social Security for Arizona on
Q: Hi, What limits exist on transferring a home to an SSI/SSA receipient without effecting benefits? Thanks
Susan Michele Schaefer
Susan Michele Schaefer
answered on May 28, 2020

For SSI, countable resources are limited to $2,000 for an individual and $3,000 for a couple. However, Social Security does not count the home the SSI recepient lives in and the land it is on. Therefore, you could transfer the home to the SSI recipient without affecting benefits if he does not... View More

1 Answer | Asked in Elder Law for Arizona on
Q: Hi, What limits exist on transferring a home to an SSI/SSA receipient without effecting benefits? Thanks
Ryan K Hodges
Ryan K Hodges
answered on May 18, 2020

Thank you for your question. Unfortunately, it is a complicated one that requires more information. There could be multiple options depending on the circumstances of the individual and who is transferring the house. This is a vague answer because your question raises a lot of issues. I recommend... View More

2 Answers | Asked in Estate Planning, Banking and Elder Law for Arizona on
Q: I have a General PoA for my elder dad, but bank requires a Durable poa. How can I get one if he's not cognizant?

He is currently hospitalized, but will be returning to long term care facility, and probably shortly, Hospice. His bank is requiring me to obtain a Durable PoA, but, obviously, I won't be able to get that prior to his passing. They said there are other instruments? My brother and I are... View More

Ryan K Hodges
Ryan K Hodges
answered on Dec 2, 2019

If you dad is in Pennsylvania, then you should probably consult an attorney there regarding options. In Arizona, most attorneys draft all POAs as durable one, but the law may be different in PA.

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1 Answer | Asked in Estate Planning, Real Estate Law and Elder Law for Arizona on
Q: I bought and am paying for a home but my aunt is on the title. What happens if she has to use ALTCS?

I bought a HUD home in Tucson, AZ for my Aunt to use. She could not afford to live on her own. Since it was HUD, she had to be on the title with me as she is the full time resident and I use it as a vacation home. I have paid all money for the home and continue to pay the mortgage. If she uses... View More

Nina Whitehurst
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answered on Nov 22, 2019

Your question is missing important facts. Exactly how is the house titled? Tenants in common? If so, in what percentages? Or is the deed silent on that? Joint tenants with right of survivorship?

You do have a legitimate concern, plus other issues you may not have considered (such as...
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1 Answer | Asked in Elder Law for Arizona on
Q: Can rest homes deny family visitation?

My father-in-law has basically disappeared. My brother-in-law states he is in a retirement home and the retirement home will not allow any visitors - not even family. Brother-in-law is withholding the address of the home. Something is very fishy. How do I find out what home my father-in-law is... View More

Ryan K Hodges
Ryan K Hodges
answered on Oct 30, 2019

That is unusual. You may want to talk with a guardianship attorney about the situation. Does the brother-in-law have a power-of-attorney for your father-in-law? You may need to get the court involved to order disclosure of information and visitation privileges.

1 Answer | Asked in Estate Planning, Elder Law and Probate for Arizona on
Q: Is ARS code 14-2503 valid to cover a person putting their hand on tetatrix to sign a will while having dimentia

Will was made 10 days before mom died, my sister adds her name on to inherit the house. Can this qualify as undue influence

Peter H. Westby
Peter H. Westby
answered on Aug 27, 2019

The procedure you described appears highly questionable. You may have grounds to object to this will. The will may not qualify as a valid holographic will and/or your Mom may not have had testamentary capacity. I recommend reviewing this matter with a probate attorney as soon as possible. Once... View More

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