Legal Question in Elder Law in Arizona

My father is 90, not in the best of health, but is still able to live by himself. My step mother has been in a group home for about 9 months. She needs 24 hr care. She is insisting on coming home. My father is unable to take care of her and we cannot afford home health care for her. What can I do to prevent her coming home. My step sister and I agree her coming home is not an option. Thank you


Asked on 3/09/11, 7:03 am

1 Answer from Attorneys

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

What you should do is petition the court for appointment as her guardian (and conservator if financial matters are needed)(same cost), however, you will need a doctor's report that she is unable to manage her own affairs. The circumstances that you describe are very common and should be addressed as soon as possible, to maximize her safety and wellbeing, as well as that of your father. You should also consider whether it is in your father's best interests that he live alone. It is my experience that a 90 year old senior should not be living isolated, that he needs social contact and his quality of life would be far better, if he joined his wife and had their assistance with meal preparation, cleaning, laundry, transportation, etc., and that is usually much less expensive than the cost of maintaining a separate residence (and your step mother would probably drop her ideas about coming home).

You can consult with me for a small fee and discuss the options available to you, and then decide how to proceed.

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Answered on 3/09/11, 3:01 pm


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