Arizona Elder Legal Questions

Be careful not to sign anything as "responsible party" and cross those words out wherever they appear in the resident's agreement and any associated documents.  If your sister cannot sign an promissory note, promissing to repay you, the months for which you pay may be a gift.  It is very likely that your sister will need Medicaid (Medicare is healh insurance; Medicaid helps with nursing home and other long term care).  Apply as soon as she is admitted.  (Hopefully she has named you her agent under a Durable Power of Attorney and you can access her finances and records.)  Medicaid backpays for up to three months.  When the application is approved, ask the nursing home for a refund. Every state administers Medicaid a little differently.  You might want to consult with an elder law attorney.  You can find one near you using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read More

Help your brother report to Adult Protective Services and change the names on his bank account.  Document everything the children have said and done. He can name you his agent under a Durable [Financial] Power of Attorney. If an application for guardianship is filed, you can oppose it, oppose the appointment of his children and offer to serve yourself.... Read More

Medicaid is not too fussy about who signs the application. Your state department of health should have the form, as should the nursing home.  A spouse is usually turned to for medical concerns if someone cannot communicate. But you may need to become your wife's guardian to access her finances. The local probate or surrogate's court and the state bar should have a list of guardianship attorneys. If you would like to discuss Medicaid planning, including how to preserve your income and some assets, you can find an elder lawyer near you on the website of the National Academy of Elder Law Attorneys (www.naela.org).    ... Read More

While most family members act for free, those who do not are generally limited by state law.  Most states do reimburse an agent for expenses.  While a trustee or guardian can be reimburse for flying cross country to check on the well-being of someone if needed, it is not at all clear that this would extend to an agent under a DPOA.  That is because the agent's duties are with regard to the person's finances, not with regard to the person's well-being.... Read More

Only your grandmother can decide who she does and does not see, who she talks to on the phone or does not accept calls from -- unless that person has abused or exploited her.  If you are certain that your grandmother would like contact with you despite your relationship with your uncle, report your fear that he is isolating her to Adult Protective Services.... Read More

It is difficult to say or to guess how you -- or a court -- would calculate your damages or if you can physiically and financially manage to get the sheriff to enforce a court order to collect those damages.  The most important thing may be to stop the abuse.  Report it to Adult Protective Services.... Read More