Succession Planning for Parents and Guardians
Parents and Guardians should have a succession plan. Most people know that a will’s primary function is to determine where their property goes when they die. For people with minor children, the will should serve another function: name a guardian if the parent dies before the child reaches the age of majority — age 18. […]
When Is Someone Legally Incompetent?
What does it mean to have someone declared legally incompetent? And how does that happen, anyway? The concept of competence in the law is surprisingly confusing. Most people think they know how to judge that someone would be legally incompetent. Very often they are wrong. Incompetent, or incapacitated? First we have to deal with language. […]
Lawyer’s False Guardian Reports Lead to Bar Discipline
A court-appointed guardian has a variety of responsibilities. One administrative duty: most states require the filing of guardian reports, typically once a year. Those guardian reports alert the court to any changes. They also address whether the guardianship continues to be appropriate. Who and what must be reported Arizona, for instance, provides a report form […]
Management of Risk in Guardianship and Powers of Attorney
DECEMBER 14, 2015 VOLUME 22 NUMBER 46 Imagine: you have just been named as guardian for your aging father. You are responsible for his medical care and decisions, his comfort and his placement. You were appointed, in part, because of your concern about his safety at home — you are thinking perhaps he needs to […]
How to Make Health Care Decisions for Someone Else
JULY 28, 2014 VOLUME 21 NUMBER 27 Maybe you’ve been named guardian (of the person) for a family member, colleague, or friend. Maybe you’ve been listed in a health care power of attorney. Maybe you’re a family member with authority to make health care decisions (Arizona, like a number of other states, permits family members […]
Should a Guardian Follow the Wishes of Her Ward?
We read about an interesting Washington case recently. Raven v. DSHS, a Washington Supreme Court decision handed down on July 18, 2013, indirectly dealt with a guardian’s duty to consider the known wishes of the subject of the guardianship. If the evidence is clear that the ward would not want to be institutionalized, for instance, […]
Some Thoughts About Guardianship and Conservatorship in Arizona
NOVEMBER 14, 2011 VOLUME 18 NUMBER 39 Let’s talk about guardianship and conservatorship proceedings. Before we do, though, let’s remember a couple of important principles: We only know about Arizona guardianship or conservatorship. Well, OK — we might know a thing or two about other states’ rules and procedures — but we only practice in […]
Does a Guardian Have the Power to File a Divorce Petition? In Some States, Yes
FEBRUARY 28, 2011 VOLUME 18 NUMBER 7 The issue arises with some regularity. A married couple, perhaps in their second marriage. Adult children. One spouse becomes ill — often, but not always, demented. The other spouse, unable to cope, turns the care of the ill spouse over to one of the children. That child figures […]
Distinguishing Two Kinds of Special Needs Trusts
AUGUST 23, 2010 VOLUME 17 NUMBER 27 It really is unfortunate that we didn’t see this problem coming. Those of us who pioneered special needs trust planning back in the 1980s should have realized that we were setting up everyone (including ourselves) for confusion. We should have just given the two main kinds of special […]
Guardian Allowed to Restrict Visitors, Telephone and Mail
NOVEMBER 23, 2009 VOLUME 16, NUMBER 62 Being appointed as guardian for another person can be a daunting challenge. The responsibility is enormous, and most guardians get little or no training other than the “on-the-job” type. The stakes — a human life — are enormous. What is the proper goal for a guardian? Is it […]
Guardian Not Personally Liable For Alleged Lack of “Due Care”
APRIL 27, 2009 VOLUME 16, NUMBER 38 Who has the obligation to get a proper Medicaid application filed for someone in a nursing home? Can the nursing home resident’s children, spouse, guardian or conservator be forced to pay for care after the patient’s money has run out but before the state Medicaid agency receives the […]
Wrong Advice From Eligibility Worker Leads to Loss of Home
APRIL 25, 2005 VOLUME 12, NUMBER 43 The Medicaid worker was helpful, seemed to understand the question and knew the answer. The applicant’s guardian/conservator asked the right question. Unfortunately, the worker’s answer was just plain wrong. When the guardian/conservator relied on that wrong information, he lost out—and lost the Medicaid recipient’s home after her death. […]
