Arizona Guardianship And Conservatorship Legal Questions

Both parents can grant a family member a Temporary Power of Attorney, revocable at will, which will allow the person to enroll their child in school, take him to the doctor, etc.  Any Washington family law attorney should have the form.  Whether the Washington colllege will consider this and residency enough to establish domicile for in-state tuition is another question.... Read Answer

You can grant a person a Durable Power of Attorney or a Medical Power Attorney if you have legal capacity to do so. If due to a physical or mental illness you cannot provide for your own food, shelter or medical care or cannot manage your own finances, someone can apply to become your guardian.  ... Read Answer

There are two types of powers of attorney:  one for health and one for financces.  Similarly, as you have discovered, there are two types of guardian.  In most cases, the existence of a valid Durable [Financial] Power of Attorney means that there is no need for a conservator, a guardian of the estate.... Read Answer

The cost of obtaining a guardianship can be recovered from the estate of the protected person, which may in this instance mean selling the house or borrowing against it and repaying the loan out of your brother's monthly income.  Please talk with a local elder and special needs lawyer about possible alternative housing and other services for your brother.  You can find one on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read Answer

There is no potential ward until the child is born so no application for guardianship can be filed before then. Ask the local probate court or state bar for a list of guardianship attorneys who practice in the county in which the child is expected to be born.  That is where the application must be filed.... Read Answer

It appears that your brother is not in a condition to appoint anyone his agent under a Medical Power of Attorney and that there is not time to apply to become his guardian.  Contact a local elder law attorney to learn whether Arizona has a statute which would allow next of kin to act in this situation.  You can find one using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read Answer

While being agent under a Durable Power of Attorney allows you to act on your mother's behalf, it does not take away her right to do whatever she wants with her money.  You may think that she is making bad decisions.  We all make bad decisions.  Unless your mother lacks legal capacity (is under a guardianship), she can do whatever she wants with her money -- which is, after all, HER money.... Read Answer

If your brother left a Will leaving her everything, she likely had no duty to notify you or your parents of anything related to probating and settling his estate.   If your brother died without a Will, most states would treat his surviving spouse as the only heir unless he had children from another relationship.  Again, his birth family would not need to be notified.   Contact an Arizona probate lawyer for a more precise answer.... Read Answer

Contested guardianships can be complicated matters.  Typically, witnesses must be present at the court hearing so that the other parties to the case can cross examine those persons.  There are rules that need to be followed to prepare for the hearing, present documents, and present witnesses.  Some of these rules might have been put in one of the court orders that was sent out in your case.   You would benefit from an initial consult with an attorney who handles contested guardianships.  If you come prepared with the documents you want to use, a list of witness you want to call at court, and an outline of the information you want to give to the Judge, that attorney could give you a more detailed review and instructions on what you have to do to be ready for your case.  This could be done on a consult basis, which may be more affordable than full representation.   Marie Zawtocki, Zawtocki Law Offices PLLC    ... Read Answer

Termination of a conservatorship can take about 4-8 weeks, depending on the court schedule.  Your daughter needs to sign the paper work and attend the hearing.  The paperwork needs to be filed in the court that issued the orders for a conservatorship.  In Maricopa County, that will be the Maricopa County Superior Court.   You can assist your daughter with the paperwork, but she should be involved to every extent, she has to sign the paperwork, and she has to speak for herself at the court hearing, unless she has an attorney. We can assist with preparation of the initial paperwork at an initial consult in our office.  We can help your daughter determine if she wants to take care of the matter herself, with your help, or if she wants an attorney present.   Marie Zawtocki, Zawtocki Law Offices, PLLC      ... Read Answer

Your posting indicates several legal issues.  If your son received a settlement while under 18 it is very likely that the Court and insurance company required it be held in a conservatorship.  You should have had legal notice of this at the time.  There may be a court record.  The Maricopa County judges are quite strict about these funds being maintained for the child when he turns 18.  There are some occassions where the court may have required it be held past 18. Your son will be able to bring a claim if this was not handled properly by his mother.  If the underlying claim was not fully settled in regard to the dog bite, he may still be able to pursue funds in a personal settlement action with the HOA or dog owner.  This sometimes happens with children's cases because the full extent of injuries and scarring may not be able to be addressed until the child is older.  It is also possible that you have a claim through family court.  This will depend on whether the matters above were addressed in family court documentation and orders.  There are some strict timelines that apply.  As your son turned 18 in April, you both are encouraged to get a consult immediately.  Our firm handles family, conservatorship, and civil litigation matters.  We have assisted with a number of dog bite cases, including when a child emancipates and has the opportunity to excercise further rights.  At an initial consult we can get more detailed information.  Marie Zawtocki, Attorney  Zawtocki Law Offices, PLLC 480-655-0733... Read Answer

Under Arizona law, if a minor is going to be receiving $10,000 or more as a result of a settlement or inheritance, a conservatorship must be set up through probate court and the account will be restricted.  Even with the hardships that you have indentified, this state law requirement cannot be waived.  What can be done is the conservatorship can be set up and then you can request from the judge that monies be withdrawn.  The funds would need to benefit your son (ex. paying for food, clothing, shelter, or education), so a portion may be able to be withdrawn for the purpose of maintaining his share of the housing. *The answer presented is for informational purposes only and does not create and attorney-client relationship between the question presenter and Laura B. Monte, Esq. or Donaldson Stewart, P.C.* *Laura B. Monte, Esq. is licensed to practice only in the State of Arizona.  Any answers presented are based solely on Arizona state law and case law.*  ... Read Answer