Adult Guardianship & Conservatorship
Guardianship & Conservatorship
In a perfect world everyone would have planned for their future and would have made arrangements for their care in the event they become incapacitated. They would have executed powers of attorney for both their financial and medical care and they would have completed a living will and spoken to their family members about their wishes. Unfortunately, we do not live in a perfect world and far too many people put off this type of planning until it is too late. Rettelle Law PLC can help in just such a situation.
If a loved one is no longer able to care for themselves or make decisions that are in their best interest it is time for someone to step in and assume that role. Without executed powers of attorney, the only way to obtain the necessary authority to care for another person is through a guardianship and/or conservatorship proceeding through the court.
However, not every case requires both a guardianship and a conservatorship. The attorney at Rettelle Law can help you determine what degree of care and assistance the incapacitated person requires and what level of independence they can maintain. It may be that they only need help managing their financing, making sure that their bills are paid on time and ensuring that no one takes financial advantage of them. Or it may be that they are no longer able to live independently because of physical limitations, but they can still make major decisions regarding the level of medical care they desire. Every case is different.
While admitting a loved one to an Alzheimer’s unit of a hospital or a nursing facility does not require special powers beyond those of a Guardianship or Durable Healthcare Power of Attorney, Arizona law does require special authority in order for a Guardian to admit an incapacitated person to a level one mental health facility. Rettelle Law can help you determine whether such authority is necessary to provide a safe and secure environment for the incapacitated person or to allow for the establishment or modification of a medication regime.
Making the decision to take over some or all of the care for a loved one is often the most heart-rending and sometimes heart breaking decision one has to make. While Rettelle Law PLC cannot eliminate the emotional impact of this decision, Judie can help you through the legal process so you can stay focused on providing the loving care.