Legal Question in Elder Law in Arizona

Custody of an elderly person

I Have an elderly relative who lives in Arizona He has currently just been diagnosed with Dimentia and Alzheimers. He needs to go into a home that can care for him. However one of his daughters refuses to allow us to put him in a home because she depends on his income for her and her family, and the care facility states they would need his whole check redirected to them for caring for him. Since she has Power of Attorney for him She will not allow us to put him in a place where he can get the help he deserves. I have been told that once someone is diagnosed with these illnesses the power of attorney no longer stands and We (the rest of the family ) could go to court and gain guardianship for him so we are able to make his medical decisions and get him the proper care is this true or does the power of attorney have all the say in his care?


Asked on 10/29/06, 11:46 am

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

Re: Custody of an elderly person

You can go to court and petition for appointment as Guardian and Conservator, without regard to the power of attorney. If the POA is not "durable" that is to say, there is no specific language that says it remains in force even in the event of the incapacity of the principal, then the POA ceases to be of any effect upon the determination that the person is incapacitated. You should go to court and seek appointment as guardian and conservator.

Read more
Answered on 10/29/06, 6:49 pm


Related Questions & Answers

More Elder Law questions and answers in Arizona