NOVEMBER 2, 1998 VOLUME 6, NUMBER 18 In 1974, Arizona’s legislature took the unusually progressive step of creating a public agency to act as guardian and conservator for disabled residents who have no family or friends to take over their personal and financial decision-making. In the nearly quarter-century since, Arizona’s Public Fiduciary offices have developed…

OCTOBER 19/26, 1998 VOLUME 6, NUMBER 16/17 Terminally ill patients often experience considerable, intractable pain from their illness. Adequate management of that pain, usually by painkilling medications, is a continuing concern of individual physicians and the entire medical community. In sufficiently large doses, painkilling medication often suppresses the respiratory system and may actually accelerate the…

OCTOBER 12, 1998 VOLUME 6, NUMBER 15 James Graham and Louise Loehr made an unusual deal in 1987. The two Missouri residents agreed that Graham would move in with Loehr, be introduced as her “man” or “man friend,” and act as both her real estate agent and personal companion. In return, Loehr would agree to…

OCTOBER 5, 1998 VOLUME 6, NUMBER 14 It is possible in many states (including Arizona) for one adult to adopt another adult. In the most common instances, a stepparent will adopt his or her spouse’s adult child, often after having raised the child from an early age. Occasionally, however, adult adoption is used for other…

SEPTEMBER 28, 1998 VOLUME 6, NUMBER 13 When Thomas Caldwell became ill, he was taken to the local hospital in Lake Havasu, Arizona. When his illness turned out to be too serious for the regional medical center, he was transported to Phoenix’ Good Samaritan Hospital. His wife Delores Caldwell was asked to sign the admission…

SEPTEMBER 21, 1998 VOLUME 6, NUMBER 12 Many court cases deal with the level of capacity required to make a valid will. From Maryland now comes a case dealing with the capacity to revoke an existing will. Doris and Max Showe married in 1978. Both had been married before; Doris had one son (William) and…

SEPTEMBER 14, 1998 VOLUME 6, NUMBER 11 James Ferber knew something about probate proceedings. The California man had been personal representative for his father’s estate, and did not have positive feelings about the proceeding. Due to several family quarrels (and one lawsuit filed against James over his handling of the probate), the estate was open…

SEPTEMBER 7, 1998 VOLUME 6, NUMBER 10 Heather Lynn Ramirez died after a tragic one-car accident on March 22, 1995. Prior to her death, she had been transported to Tucson Medical Center, one of Tucson’s more prominent hospitals. Shortly after her death, a TMC social worker approached the family about the possibility of donating some…

AUGUST 31, 1998 VOLUME 6, NUMBER 9 Last week in Elder Law Issues we reported on changes in Arizona’s law governing durable powers of attorney. We explained that financial powers of attorney must now include specific language and provisions, or they may be invalid. The change was one product of the annual legislative session, completed…

AUGUST 24, 1998 VOLUME 6, NUMBER 8 This month, two new laws governing powers of attorney became effective in Arizona. While the changes will not have much effect on existing powers of attorney, they may make new documents invalid, particularly when computerized forms (or forms prepared by lawyers who have not kept abreast of the…