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. […]
Supported Decision-Making in Arizona
As we sit in a national lawyers’ meeting discussing “supported decision-making,” it seems like a good time to write about the concept for Arizona proceedings. Is there supported decision-making in Arizona? Not precisely, or at least not yet. What is supported decision-making? Long advocated as a less-intrusive process than guardianship, supported decision-making law have been […]
Covid Vaccine: When Deciding for Others, What’s Best?
Across the country, millions of Americans are getting the Covid vaccine. For many, deciding whether to get one is no big deal. (“It’s best for everyone, right?”) For those who are unable to weigh the risks and benefits, someone else has to step in and give consent. That might be a guardian or a health […]
Person Under Guardianship May Retain Right to Visitation
Imagine that the Arizona probate court has appointed a guardian to handle your health care, placement and other decisions. You want to see your friends and family. Do you have a right to visitation with those you choose? Let’s not bury our lede: yes, generally speaking, you probably can have the contacts you want. There […]
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. […]
Bad Things Can Happen with PoAs: An Illustration
Powers of attorney are powerful tools, ones that can be easily misused. We’re often warned that bad things can happen with a financial power: the agent can take all the money. But we’re not often told bad things can happen with medical powers, too. This week, we share a cautionary tale inspired by a client […]
June Roundup: Estates, Lawsuits, and More
If you are a regular reader, you know that at the end of the month, we like to survey the elder law landscape and share interesting happenings. For the June roundup, we focus on estates involved in litigation, touch on potential estate tax changes, and revisit ethical wills. Clients, especially those with trusts, wonder why […]
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 […]
When Mom Can’t Live at Home, Does Power of Attorney Help? Yes and No
A newsletter reader asks: Can you use a health-care power of attorney to admit someone who can’t live at home safely to a care home? The answer, legally, is clear: No, you can’t. The practical answer, however, is probably yes. A health care power of attorney names an agent to make health-care decisions for you […]
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 […]
