The 56th Arizona Legislature is in Session. Uh-oh!
Here at Fleming & Curti, PLC, we’ve tried to keep track of what the 2023 Arizona legislature is up to. We monitor bills that affect our clients and the folks we advocate for, and in past years we’ve occasionally even travelled to Phoenix to testify. This year has been mostly pretty quiet — for us. […]
Think Twice Before Messing With Mom
A recent Arizona Court of Appeals decision has an important lesson: Think twice before messing with Mom. She might fight back, and she might win. In Re Lindquist centers on Arizona’s vulnerable adult exploitation statute (A.R.S. § 46-456). But the more general message is one we’ve noted before: If you are a child trying to “help” […]
Britney Wants Dad Out of Her Business–Now
While the country was anxiously awaiting election results, Britney Spears was trying to get her life back. The pop star, 38, wants her dad and conservator out of her business. Now. Her situation illustrates some of the challenges with arrangements to protect people from themselves. Especially while they have capacity to make decisions. You probably […]
Valid Power of Attorney May Avoid Guardianship
Does every incapacitated person qualify to have a guardian appointed? Not necessarily. A valid power of attorney may finesse the need for appointment of a guardian of the person OR a conservator of the estate. Let’s look at a recent case from the courts here in Tucson. George and Suzanne get married Actually, the marriage […]
Guardian May Charge Fees, Even if Family
A guardian may charge fees for acting as guardian. That basic principle is not really surprising or disputable. But the notion persists that this important work should not cost, or at least be inexpensive. We have written about guardianship fees before. The subject comes back up because of a recent Florida Court of Appeals decision […]
Adult Guardianship Jurisdiction — Where to File
Families — and practitioners — frequently face a problem associated with our mobile society. After a family member moves across state lines, in which state should any court actions be filed? In other words, who has jurisdiction over adult guardianship proceedings? Wait — isn’t there a law on that? We’ve written before about the Uniform […]
Guardianship Judge May Deviate from Divorce Court Custody Order
In a divorce proceeding, the court determines who should have custody (and decision-making authority) over any minor children. When a child subject to such an order reaches majority, the court order usually expires. But when the now-adult child has a disability, either or both parents may seek appointment as guardian. Does the divorce court custody […]
Court Investigator Required Before Appointment of Guardian
Non-lawyers often assume that courts regularly appoint guardians from a list of people or agencies they have dealt with before. In fact, the people involved almost always choose the guardian, rather than the judge herself. Many states (including Arizona) do have a method for vetting a potential guardian, though. The role may be named something […]
Due Process in Guardianship Proceeding
It’s easy to observe that the subject of a guardianship (or conservatorship) petition has a right to “due process” during the court process. But what does that mean? Does it include anything a judge orders? Does it require a court hearing? How will you know if you have been afforded due process before a guardianship […]
Alternatives to Guardianship and Conservatorship
Imagine that the adult care home where your uncle Bill resides has told you that you need to get a guardianship. What does that mean, and what do you have to do? Are there alternatives to guardianship? Guardianship means court involvement When you visit a lawyer to “get” guardianship, you should know that it […]
Attorney Fees for Guardian Approved Over Objection
If you act as guardian or conservator, you know that it can be a challenging job. Sometimes you need legal counsel. If you incur attorney fees, can you charge them to the estate? The general rule is that you can collect your attorney fees from the estate. There are exceptions. If your actions benefit you […]
Appointment of “Guardian Ad Litem” Terminated by Court
An Arizona guardianship and conservatorship case involving a Disney heir seems to have stumbled to a conclusion. It took six hotly contentious years and (reportedly) millions of dollars in legal fees. The case involves interesting legal issues and intense family drama. One side issue: the appointment of a “guardian ad litem”. What is a guardian […]
