Legal Question in Elder Law in Arizona

My mom has dimensia and has not filled out a will or

POA and now can not take care of herself. I live in another do I get her into assisted living if she won't consent?

Asked on 12/03/12, 9:25 am

1 Answer from Attorneys

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

Even though your mother has dementia, she might still have the legal capacity to make a will and a power of attorney. Your mother needs to be evaluated psychologically, so that her capacity can be determined by a medical doctor. That will give you a determination of her capacity. If she is incapacitated, then you can file for appointment as her guardian and conservator, and make all decisions for her, so long as those decisions are in her best interests. If you don't want to serve as guardian and conservator, you can seek the appointment of a licensed fiduciary to do the job. Living out of state does not disqualify you to serve as G/C. You can consult with me by phone if you would like, for a small fee.

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Answered on 12/03/12, 9:39 am

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