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 […]
Special Needs Trust Pays Substantial Legal Fees in Dispute
SEPTEMBER 26, 2016 VOLUME 23 NUMBER 36 Questions often arise about what kinds of payments may, or should, be made from a trust. When the trust is a “special needs” trust, the questions sometimes can be even more pointed — the purpose of a special needs trust, after all, is usually to provide for supplemental […]
Court Orders Weekly Visitation for Grandmother of Child
NOVEMBER 30, 2015 VOLUME 22 NUMBER 44 When Mary Lansing (not her real name) gave birth to a daughter in August, 2013, her boyfriend (and the father of her daughter) was already in prison. Four months later, she filed a paternity action naming her boyfriend, and sought a court order granting her sole legal decision […]
Custody of Grandchild Requires Court Consideration of Best Interests
AUGUST 19, 2013 VOLUME 20 NUMBER 31 National Grandparents Day is September 8th this year. That should serve as a reminder for us to consider changing demographics: grandparents (and great-grandparents) are living longer, and increasingly fractured families are changing our expectations and default assumptions about caring for children. More grandchildren are being raised by their […]
Probate Judge Sets Visitation Schedule in Minor Guardianship
DECEMBER 5, 2011 VOLUME 18 NUMBER 41 Most of the guardianship issues we deal with at Fleming & Curti, PLC, involve adults who have limited capacity or special needs. Sometimes, though, the subjects of a guardianship proceeding are minors; that can bring unique issues to the process. There are a few legal principles that govern […]
