Legal Question in Elder Law in Arizona

My father in law is 83 yrs old, has dementia and is in a wheelchair. My husband and I are primary caregivers, no other family wants to help. His home is still in joint tenacy with his deceased wife. Bank accts only have his name. he hasn't filled out a will or trust. Can we take him to an atty to get a will started? We presently live with him to care for him. He consisently loses his checkbook, and forgets to pay bills, but doesn't feel he needs help. Would a POA help us help him?


Asked on 11/06/09, 11:29 pm

1 Answer from Attorneys

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

If your father has dementia, then it is questionable if he has the legal capacity to make a Will or trust or a power of attorney. From the facts you have stated, it is important that you take immediate action to be appointed his guardian and conservator. As his G/C, you will have the legal authority to collect his income, pay his bills, maintain his home, and most important, get him the medical care that he needs.

Because you are the only family member willing to take care of him, you must also be protected against any claim by other family members that you are taking advantage of your father or that you are exploiting him for your own gain. By being appointed G/C, you will have the court and the court appointed attorney for your father to approve what you do, and protect you against bogus claims by others.

You will be entitled to be represented by an attorney of your choosing, at your father's expense and you may be paid fees for acting as his G/C and as his caregiver, after deducting an amount for the benefit you receive by living in your father's house and his providing you with food and utilities, etc..

I can assure you that the guardian and conservatorship route is the best way for you and for your Dad.

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Answered on 11/12/09, 12:12 am


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