Legal Question in Elder Law in Arizona

My mom has dimensia and has not filled out a will or

POA and now can not take care of herself. I live in another

State...how do I get her into assisted living if she won't consent?

Asked on 12/03/12, 9:25 am

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.
0 users found helpful
0 attorneys agreed

Even though your mother has dementia, she might still have the legal capacity to make a will and a power of attorney. Your mother needs to be evaluated psychologically, so that her capacity can be determined by a medical doctor. That will give you a determination of her capacity. If she is incapacitated, then you can file for appointment as her guardian and conservator, and make all decisions for her, so long as those decisions are in her best interests. If you don't want to serve as guardian and conservator, you can seek the appointment of a licensed fiduciary to do the job. Living out of state does not disqualify you to serve as G/C. You can consult with me by phone if you would like, for a small fee.

Read more
Answered on 12/03/12, 9:39 am

Related Questions & Answers

More Elder Law questions and answers in Arizona

Looking for something else?

Get Free Legal Advice

88423 active attorneys ready to answer your legal questions today.

Find a Legal Form

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Form

Featured Attorneys

Anthony SmithLawSmithLee's Summit, MO
Michelle ScopelliteGoldstein & Scopellite, PCTucson, AZ
Anthony RoachLaw Office of Anthony A. RoachChatsworth, CA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now