Ward Seeks Court Permission to Marry His Girlfriend
JUNE 2, 2014 VOLUME 21 NUMBER 20 We have written before — earlier this year, in fact — about whether individuals who are under guardianship have the ability to get married. When this question comes up (and it should be said that it is rare) it usually is in a context like that of our […]
State Court Does Not Control Social Security Payments
MAY 12, 2014 VOLUME 21 NUMBER 17 At Fleming & Curti, PLC, we do not handle divorce cases. From time to time, though, a divorce case raises the same kinds of issues that we see in the guardianship, conservatorship and probate cases we do handle. A recent Arizona Court of Appeals decision is a case […]
Arizona Legislative Changes Effective September 12
AUGUST 26, 2013 VOLUME 20 NUMBER 32 The Arizona legislature meets every spring, and in most years adopts changes that affect elder law attorneys, estate planners, guardians, conservators and trustees. The changes become effective nine months after the end of the legislative session, which means that late summer is the time for annual review of […]
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, […]
Mental Illness and Guardianship in Arizona
JANUARY 7, 2013 VOLUME 20 NUMBER 1 A recent blog entry from the Special Needs Alliance (two of our lawyers are members) addressed the common problems encountered when family members seek guardianship over someone with a mental illness. The very same day we received a call from a prospective client, asking if he could secure […]
How Much Does It Cost to Get a Guardian and/or Conservator Appointed?
OCTOBER 22, 2012 VOLUME 19 NUMBER 39 We are frequently asked how much it will cost to get a guardian and/or conservator appointed for a parent or other relative. It is hard to answer with precision, but it is a fair question. Let us see if we can give you some guidance. First, a few […]
What Is “Elder Law”?
OCTOBER 15, 2012 VOLUME 19 NUMBER 38 At Fleming & Curti, PLC, we practice “elder law.” But what does that mean? Are all our attorneys elderly? (No) Are they all senior members of a religious group? (No) Are all our clients above a certain age? (No) Then what is the significance of the term “elder […]
Living Trust Does Not Prevent Court Involvement After Misuse of Funds
JULY 16, 2012 VOLUME 19 NUMBER 27 Living trusts are increasingly popular and common. One of the principal attractions for most people who execute living trusts is that they can avoid the complication, cost and oversight of the courts and of lawyers. That usually means the trust signer’s family can save money and hassle. Lack […]
Guardianship May Suggest Lack of Testamentary Capacity
MARCH 19, 2012 VOLUME 19 NUMBER 11 Can a person under guardianship sign a new will? After all, in order to have a guardian appointed (in Arizona, at least), the court must first have found that the person is impaired by a mental disorder (or some other cause) and that he or she “lacks sufficient […]
“Vexatious Litigant” Title Takes On Real Meaning in Phoenix Case
MARCH 5, 2012 VOLUME 19 NUMBER 9 We have written before about changes to Arizona guardianship, conservatorship and probate proceedings adopted in the past year. Changes involved both probate laws and court rules. One thread running through both sets of changes: the notion that proceedings in probate court could be unnecessarily complicated by “vexatious litigants.” […]
