Legal Question in Elder Law in Arizona

Adult protection agency

my mom is 65 years old and the udult protection acency received a tip that she was negleted and mentaly ill, she is not any of this things, now the state agency wants to do a mental evalutaion iam very upset it is degrating and frustraded. what choices to i have?

i dont mine paying a lawer if i have to i just dont want to see may mom humiliated. thanks


Asked on 2/13/07, 11:13 pm

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

Re: Adult protection agency

Adult Protective Services does not have any authority to require a neurological evaluation, and can only act if your Mom volunteers to follow their direction. You should take action immediately to establish that she has legal capacity and get her to an attorney who can advise her with regard to protecting herself and her estate, and advise her about the value of giving someone she trusts, her power of attorney, so that she has someone to protect and act for her in just these type of circumstances. Someone must have called APS and reported that your Mom was in trouble, so you should investigate those circumstances. Perhaps, she is having difficulties and does need some level of help.

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Answered on 2/14/07, 9:14 am


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