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Arizona Elder Law Questions & Answers
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 named... Read 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... Read more »

Nina Whitehurst
Nina Whitehurst 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... Read 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... Read more »

2 Answers | Asked in Estate Planning, Elder Law and Probate for Arizona on
Q: How can I verify that my mother's will and testament is legal and names me executor and distributor of all property?

Several months ago, my mother (who passed away last week) put together a last will and testament (based on a form from WillForms.org for the state of Arizona). It is signed, notarized, and doubly witnessed by two individuals not receiving any property under the will.

The will names me as... Read more »

Nina Whitehurst
Nina Whitehurst answered on Aug 7, 2019

Show it to a local probate attorney. You are going to need to hire a probate attorney anyway to help you probate your mother's estate anyway. Your mother's things do not automatically vest in you; there are steps that need to be taken, and the sooner you take those steps the better.

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1 Answer | Asked in Probate, Elder Law and Estate Planning for Arizona on
Q: How can I stop my sister from spending my mom's money?

Mom has dementia and is in a assisted living home, a very expensive home. My sister is the Executor of the will and I think she may have guardianship or POA. Long story short but when we moved mom we decided as a family to spruce up the family home and rent it out to offset her costs. My sister has... Read more »

Peter H. Westby
Peter H. Westby answered on Jul 23, 2019

I recommend that you consult an attorney about a conservatorship. Appointing a conservator will provide competent help for your mom with her financial affairs and safeguard her assets. A conservator is supervised by the court and must account annually.

If there already is a conservator...
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1 Answer | Asked in Elder Law for Arizona on
Q: Under a Durable Health Care POA, can an alternate representative temporarily take over for a primary representative?

In my sister's Durable Health Care Power of Attorney, she appointed her son as her representative to make health care decisions in the event of her incapacity, and she appointed me as her alternate representative if her son is unavailable, unwilling or unable to make decisions for her. My sister... Read more »

Ryan K Hodges
Ryan K Hodges answered on Mar 11, 2019

You will need to review the power of attorney document itself. POAs can specify what it means for the agent to be unable or unwilling to act on behalf of the principal. If the POA does not have such language, it is best to get the other agent to resign. The resignation can be temporary or permanent.

1 Answer | Asked in Family Law and Elder Law for Arizona on
Q: I am seeking to take guardianship of my elderly father from my brother-in-law.

I do not believe that my brother-in-law is the best person to care for my father. He will not provide any information about my dad's affairs or allow anyone access to his medical records to the rest of the family. There has been some misconception about the power of attorney. I am my dad's eldest... Read more »

Ryan K Hodges
Ryan K Hodges answered on Jan 17, 2019

You can apply for a guardianship for your father. The court has forms for a basic guardianship; you can also hire an attorney to help. You will need to notify your brother-in-law of the proceedings if he is named as your dad's agent under a power of attorney.

1 Answer | Asked in Elder Law for Arizona on
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?... Read more »

Ryan K Hodges
Ryan K Hodges answered on Sep 5, 2018

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... Read more »

1 Answer | Asked in Elder Law for Arizona on
Q: My 90 yr. old Mom won't have her lease renewed in Dec. and is in denial. Will the sheriff evict her and APS take over?

She has some dementia and does not have a will, powers of attorney, etc. despite my encouragement for years to get these documents. She won't listen to anyone regarding having to move out of the trailer park. If I went to court and was granted guardianship, would I be liable for whatever she did?

Ryan K Hodges
Ryan K Hodges answered on Sep 4, 2018

Your mom could be evicted if the lease is not renewed. APS may get involved or at least investigate the situation. Guardianship sounds like a viable option, but you would be responsible for getting her placed somewhere safe.

1 Answer | Asked in Elder Law for Arizona on
Q: My mom has Parkinson's and gave someone power of attorney! I need help to over ride. Please help me

I have been my mom's care giver for 2yrs for her Parkinson's and have lived with her for 3yrs. She went to utah 3wks ago to visit my brother for 10days and now I have been informed she gave this man power of attorney of her life and he has taken control over her. Trying to evict me sale all her... Read more »

Ryan K Hodges
Ryan K Hodges answered on Jul 24, 2018

Overriding a power-of-attorney is not easy unless your mom agrees and revokes it. One of the few ways to force this is to petition the court to get guardianship for your mom. This is result is by no mean certain, but it is one of the few options in this situation.

1 Answer | Asked in Elder Law for Arizona on
Q: What is the benefit of avoiding probate?
Ryan K Hodges
Ryan K Hodges answered on Apr 23, 2018

There are two main benefits to avoiding probate: saving time and money. The first step of probate is to get a personal representative appointed, and this usually takes between 2-6 weeks. After that, Arizona law requires that most probates remain open for at least 4 months. Closing a probate usually... Read more »

1 Answer | Asked in Consumer Law, Elder Law and Probate for Arizona on
Q: If a relative would have been a benefactor in a legal settlement but they are deceased, who could file a claim and how?

A claim would have to be filed to be eligible for a percentage of a large sum. My aunt died 3 years ago and left some personal items from her estate as well as some of her paperwork of old financial records- just in case. Glad I hung onto them. But, she and her estate were under a county... Read more »

Peter H. Westby
Peter H. Westby answered on Mar 15, 2018

The personal representative of your aunt's estate is the one who should file any claims. As for the claim that was paid, you will need to know more about the claim, itself. One of the jobs of a fiduciary is to investigate claims, reject the poor ones and, where funds are available, determine... Read more »

1 Answer | Asked in Elder Law and Estate Planning for Arizona on
Q: Can the few stocks and bonds of my 87 year old mother, who lives in Phoenix, AZ be rolled into her existing Trust?

She is legally blind, due to macular degeneration, and may not be able to live in her home any longer. Her 93 year old partner, who provides much of her care, is terminally ill, hospitalized, and may not survive the month. I have legal power of attorney for my mother and am trying to secure... Read more »

Michael Gerity
Michael Gerity answered on Jul 28, 2017

It is hard to say without knowing more about the existing trust. However, in very general terms, property can usually be added to an existing trust without having to modify the underlying trust document, or at least with only having to modify the appended property list. With property such as a... Read more »

1 Answer | Asked in Estate Planning and Elder Law for Arizona on
Q: My father is 90 years old. He established a last will & testament in 2007 and would now like to make some changes.

That is 10 years ago. He was told by his lawyer that he would need to have a letter from his doctor stating that he is of sound mind. I understand the reasoning, so that no one takes advantage of him, however, he is insulted that his lawyer would require him to have a doctor determine if he is... Read more »

Inna Fershteyn
Inna Fershteyn answered on Jun 30, 2017

Only if the lawyer thinks your father is or of his mind. I have elderly clients who are sharper than young ones. Get a new lawyer

Sincerely,

Inna Fershteyn

Law Office of Inna Fershteyn and Associates, P.C.

1517 Voorhies Ave, Suite 400

Brooklyn, NY 11235...
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1 Answer | Asked in Elder Law for Arizona on
Q: With regards to AZ Rev Stat § 14-5412 (2015) -What does "breach of the obligation of the bond of the conservator" mean?

I was the Temporary Guardian and Conservator...and now have the current Conservator trying to sue my $100,000 bond with my surety company. Why is that even an option?

Adam Studnicki
Adam Studnicki answered on Jan 27, 2016

You can ask a lawyer to review the terms of the bond and surrounding circumstances.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation....
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1 Answer | Asked in Elder Law for Arizona on
Q: What questions do I need to ask an elder care attorney
Adam Studnicki
Adam Studnicki answered on Jan 15, 2016

All the questions you have about your matter.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal...
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1 Answer | Asked in Elder Law for Arizona on
Q: How do I get a man out of my elder mom home she is now going to a skilled nursing facility he is a drug addict
Adam Studnicki
Adam Studnicki answered on Nov 8, 2015

More information is needed to answer. An elder law or real estate lawyer can assist.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation....
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1 Answer | Asked in Elder Law for Arizona on
Q: My Mom is giving away her SS checks every month to a dating scam - how can I get her deemed unstable?

This has been going on for sometime and she will not listen to family. She believes he is real and will come and save her house. She stopped making payments and is now in foreclosure. She will not let anyone take over her money. She gets very angry if you try to ask to many questions or talk about... Read more »

Jake Causing Santos
Jake Causing Santos answered on Jun 3, 2012

Generally, you need to file an action in court to have your mother found mentally incompetent and to have the court appoint a legal guardian/conservator. However, the guardianship laws, requirements to be found mentally incompetent and the medical evidence required vary from state-to-state, so I... Read more »

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