Legal Question in Elder Law in Arizona

Hello,

Our family consist of 8 brothers. Many of us have taken turns, 6 months at a time, to take care of my mother in Arizona who has Alzheimer’s. My brother Greg is currently taking care of my mother, he also has medical power of attorney. In the two months he has been the caregiver he has put my mother on three new medicines that we have found out are not harmful but can alter her personality. We ask him to let us know before putting her on any new medicines. When he added the newest medicine we asked him to leave as the caregiver. Greg just had a lawyer send us a letter stating all medical decisions will be made by him and he will decide who to hire and dismiss as caregiver. I understand we can not remove him as MPOA but, can we refuse to pay for his services as a caregiver if he stays. Three of my other brother are trustees of the will, one financial trustee. f.y.i my dad has passed away.

Thank you for your help

Jim


Asked on 4/14/12, 5:00 pm

1 Answer from Attorneys

Joyce Johnson-Stovall Johnson Stovall and Associates PLLC

In reviewing your matter the answer really lies in the document which gives your brother power to make decisions for your mother. I am not sure whether he actually has a medical power of attorney or a guardianship. In order to assist you in resolving your concerns, it would be necessary to review the documents and provide you with a summary of the Arizona laws that pertain to that type of document. Guardianships are monitored by the court whereas medical powers of attorney are not monitored. You may contact Stephanie Coulter of this office at 602 462 1004 to arrange a time for us to review the document and determine how we can further assist you in resolving this problem

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Answered on 4/25/12, 6:34 pm


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