Legal Question in Elder Law in Arizona

Family

Recently my step grandmother put my grandfather into a group home without letting any of his children or grandchildren know. My grandfather has the early stages on Alzheimer's, and is aware of where he is at, he is asking us to get him out of the group home, and get control of his money. My step grandma has already has power of attorney , and will not speak to any of us in regards to what is taking place. We have been told that he is her husband and she will do with him what he wants. We are unable to take him out of the home for family vistis, she has power of attorney and has denied us the ability to take him out for an hour or so. Our fear is that she will try and not let us visit him at all or move him and not tell us where he is at.

Also the group home he is at is paid for by insurance, but his SS checks are still going to my step grand mother. Can she still get his social security if she is not caring for him or paying for his care?

What can we do to insure he is being cared for and have some say as to what happens to him and where he goes??


Asked on 1/06/09, 2:23 pm

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

Re: Family

You have the right to petition the probate court for appointment as Guardian and Conservator of your grandfather, if you have reason to believe that your grandmother is exploiting him financially or is not properly caring for him and his health.

If he is competent/mentally capable to express his wishes, he can terminate the power of attorney. If he is no longer capable of making his own decisions, then the power of attorney may be terminated. In any case, you should take immediate action to protect your grandfather by filing an action for appointment as his guardian and conservator.

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Answered on 1/06/09, 2:32 pm


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