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guardianships and conservatorships Archives

Conservatorship can provide superhero protection

Elder law in Arizona and other states, through guardianships and conservatorships, protects older or incapacitated individuals who may be susceptible to undue influence. Stan Lee, the legendary creator of Ant Man, Black Panther and other iconic Marvel heroes is the subject of three lawsuits that may have been prevented through a conservatorship.

Rule designed to stop elder financial abuse

Elderly Americans lose up to $30 billion each year because of financial abuse, according to an estimate. Some of this misappropriation includes presumably trusted family members and others who misused their legal authority. Properly-drafted guardianships should prevent this misconduct, but these relationships may be exploited.

The roles and responsibilities of a guardian

It is inevitable that we will get old. And as we age, we may develop conditions and ailments that make it difficult to care for ourselves. When incapacity and disabilities plague one's life, loved ones often step in to make decisions for him or her. But what mechanism ensures that this is done properly and to one's wishes? This is where guardianship comes into play.

Under conservatorship, 9-year-old buys $240,000 house

The law requires financial conservators to spend the money under their control to pay for the children's special needs, with a judge's approval. There can be horrible consequences when they fail this fiduciary duty. A case from Michigan involving a 9-year-old with a disability who apparently purchased a $240,000 home is instructive. It also reveals the dangers of inadequate conservatorships and guardianships in Arizona.

Guardianship precautions

Arizona law provides for guardianships for those who cannot care for themselves or handle their day-to-day needs because of advanced age, illness or other incapacities. However, a recent case involving four people were charged with seven different felonies concerning guardianship vividly illustrates the need for proper planning and precautions for appointing a legal guardian and estate planning.

Arizona reps bring light to grandparent guardians

Estate planning is important for an individual at any stage of his or her life. As you get older, this need becomes even more pressing. A pivotal and practical moment to begin planning for the future comes when you have children. You want to make sure your children are taken care should something happen to you and your spouse. In this stage of your life, an essential element of an estate plan is establishing a legal guardian for your children.

Responsibilities of an Arizona guardian or conservator

Previous posts on this blog have discussed how a court in Arizona goes about choosing a guardian or conservator when a child or an adult suffering an incapacity has a need for such a person in their lives. This choice is an important one, especially since guardianships and conservatorships give a lot of power to one person, including power to oversee a great deal of property and even to make basic life decisions for the person being protected.

What factors will a court use when choosing a guardian?

In Arizona, a person can petition a court to create a guardianship or conservatorship over the personal affairs or finances, respectively. However, this does not mean that the person asking for the court to do this will get to be the guardian or conservator, as whether a guardianship is necessary and who will be the court appointed guardian are two separate questions.

What are the basics of Arizona guardianships?

Like other states, Arizona has a system in place for a concern relative or friend in Scottsdale to help a loved one who is in need and is not able to take care of himself or herself either because he or she is a minor or because he or she is not physically or mentally able to handle either personal or financial affairs.

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