Arizona Guardianship and Mental Health Treatment
SEPTEMBER 15, 2014 VOLUME 21 NUMBER 33 A guardian (of the person) is often said to have all the powers over her ward that a parent would have regarding a minor child. In other words, if the court appoints you as guardian over your mother or father, you have (at least in a legal sense) […]
Can a Person With Dementia Sign Legal Documents?
FEBRUARY 25, 2013 VOLUME 20 NUMBER 8 Let’s get the answer to the question out of the way first, and then we can deal with more nuance. Yes, a person with dementia may be able to sign legal documents. The inability to sign documents (what is usually known in the law as “incompetence” or, sometimes, […]
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 […]
Ward Should Be Allowed To Express Wishes, Hire Counsel
APRIL 11, 2005 VOLUME 12, NUMBER 41 When the legal system takes over decision-making and care of an incapacitated adult, there is a struggle between competing goals. It is important to provide adequate protection and supervision, but it is also important to maintain the ward’s personal autonomy and self-determination. It is often difficult to decide […]
Ward Has Burden of Proving That Guardianship Should End
FEBRUARY 16, 2004 VOLUME 11, NUMBER 33 In 1999 the Platte County, Missouri, courts appointed a guardian of the person and conservator of the estate for Linda Werner. Because of her schizophrenia and her resulting difficulty in making responsible decisions the court decided that Janet Waddell, the county’s “public administrator,” should handle Ms. Werner’s personal […]
Massachusetts High Court Limits Wards’ Right to Counsel
JULY 28, 2003 VOLUME 11, NUMBER 4 Is one who has been determined legally incapacitated and in need of a guardian able to revisit the court’s determination or challenge her guardian’s actions? Yes, wards may request the restoration of capacity and/or challenge the fitness of the guardian. In at least one state, however, wards are […]
Wills Usually Are Valid, and Not All Family Influence is “Undue”
JUNE 23, 2003 VOLUME 10, NUMBER 51 Occasionally a successful and colorful will contest is profiled in Elder Law Issues. EL Issues reported in 1996 that Dorothy Killen’s will was deemed invalid in an Arizona court due to Ms. Killen’s “’insane delusions’” about her truly kind relatives she believed to be Mafia killers. (May 27, […]
Juvenile Court Appointment of Guardian Ad Litem Reversed
DECEMBER 23, 2002 VOLUME 10, NUMBER 25 When someone appearing in a court proceeding is unable to make decisions for himself or herself, the court may sometimes appoint a guardian ad litem. Lawyers usually shorten the appointee’s title to GAL. The need for a GAL and the GAL’s proper role have been topics of controversy […]
Guardian Ad Litem Appointed For Incapacitated Litigant
MAY 13, 2002 VOLUME 9, NUMBER 46 Ralph Blakely, Jr., signed himself in to a mental health treatment facility for the first time in 1972. Despite treatment he received from time to time over the next quarter century, he continued to suffer from delusions, hallucinations and impaired memory. Mr. Blakely married in 1973. He and […]
Lawyer Must Follow Impaired Client’s Wishes In Most Cases
JULY 9, 2001 VOLUME 9, NUMBER 2 Lawyers who represent mentally impaired clients often wonder: is the lawyer’s duty to advocate the client’s wishes, no matter how peculiar, or to act in the client’s best interests? That was the dilemma facing New Hampshire attorney Tony Soltani after his client was committed to a mental hospital. […]
