Legal Question in Elder Law in Arizona

My mother has spent the last 4 years pursuing every scam that comes along over the Internet...Nigerian scam, lottery scams, anything and everything. She has squandered every penny she had. When my father died she had a free and clear house money in the bank and a $40k annuity, plus SS and half my father's pension from the LAPD (he was a mechanic, not a police officer). Now she has reverse mortgaged her house, cashed out the annuity and her savings and sent it all to scam artists. She has admitted to about $200k in losses. But she continues to send her SS or any other money she can get her hands on to various scams that have been ongoing for years.

My sister and I are at our wits' end dealing with this mess. So the question is; is there some way to get control of her finances to prevent her doing this to herself and us?


Asked on 8/08/09, 6:15 pm

1 Answer from Attorneys

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

Yes, you can petition the probate court for appointment as her conservator, however, you must be able to show that she is incapacitated and unable to make decisions in her own best interests. Remember, she is doing this to herself, not to you and your sister.

Perhaps, there is a possibility that you can recover some of the funds lost by her, if you can successfully take over her finances and income and have legal authority to make complaints and bring action on her behalf.

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Answered on 8/13/09, 6:28 pm


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