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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33148
Experience:  Began practicing law in 1992
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If a adult person is put into protective services in Arizona

Customer Question

If a adult person is put into protective services in Arizona what is there legal rights. Can thy deside to take themselves out of this protective situation
JA: Has anything been filed or reported?
Customer: I don't know how do I find out
JA: Anything else you want the lawyer to know before I connect you?
Customer: My wife has alzheimer's and had an"event" and was out of control for a full night. I put I called 911 for an ambalence and was put into the local hospital. She had brusis from me forcing her back into the house. No abuse was found other that the brusing from her fall. Right now that is what I know. She wants to come home
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: WHAT DOES ESTATE LAW HAVE TO DO WITH THIS
Submitted: 9 days ago.
Category: Legal
Expert:  Dwayne B. replied 9 days ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 9 days ago.

No, under facts like yours a person can't just "take themselves out of a protective situation". The state will have to first complete their investigations and examinations. If she has Alzheimer's or any form of dementia Adult Protective Services or the police will want doctors and mental health professionals to examine her and determine whether her medications are correct, appropriate and whether her blood levels show the right amounts for the time which has elapsed since she was last medicated. If she has bruising which is inconsistent with normal activity (such as hand prints on her) then they will investigate that as well.

If they do want to interview you I'd strongly suggest you hire an attorney to sit in on the interview. Sometimes the authorities have already made up their minds and will ask questions designed to get you to incriminate yourself even though you didn't do anything.

The only way to get her back home before they agree is to hire a lawyer and file a lawsuit to do so (usually a guardianship or a Habeas Corpus). But the judge is almost certainly going to let them do all their medical examinations and testing first.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.