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Mr Ray, the time has come for me to find a way to legally…

Mr Ray, the time has...
Mr Ray, the time has come for me to find a way to legally become Mom's guardian/conservator. She lives in AZ, her dementia is becoming worse and my sister has moved out of the house over 2 weeks ago without letting any of us know; especially me. This sister, as well as my brother, have washed their hands of everything regarding Mom.I will be home to AZ, meeting up with my 2 step-sisters to get things rolling for in-home care, bed bug infestation and so many more things.My 1 step-sister has set an appointment with the doctor and I will be going with them so I can talk with the doctor.Is there any way in AZ that I can be Mom's guardian/conservator without having to appear or petition the Court?
I have Mom's Will that states that I am to take care of everything after she passes, but I need to take those steps now. Will a Durable Power of Attorney do and can it be stated that I will be her agent until her death when the Will becomes the ruling?
How does a letter/documentation from a Dr help to do this without having to go to Court?I need to get this done when I return to AZ so I can take care of Mom's medical needs and most especially protect her finances.
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Answered in 5 minutes by:
3/22/2018
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 48,265
Experience: Texas lawyer for 30 years in Estate law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Here are the forms you need to make application

http://www.superiorcourt.maricopa.gov/SuperiorCourt/LawLibraryResourceCenter/Forms/ProbateCases/prob_pbgca1.asp

A petition for the appointment of a conservator is filed with the court. The petition may be filed by the person to be protected or by any interested person.

Notice of the time and place of the hearing must be personally served on the person to be protected and given to other persons specified by statute, with the same priorities as notice in a guardianship matter.

The adult to be protected must be represented by an attorney. The adult to be protected may use an attorney with whom the person to be protected has an established professional relationship or an attorney will be appointed by the court. The court must also appoint a physician and court investigator who will submit a report to the court before the hearing date, after interviewing the potential adult protected person. The person to be protected is entitled to be present at the hearing.

A conservator has the powers and responsibilities of a fiduciary. A conservator is held to the standard of care applicable to a trustee: which is that of a prudent person dealing with the property of another. A conservator must keep detailed and accurate records of all of the financial information of the protected person.

Within ninety days of appointment, the conservator must file with the court an inventory of the estate of the protected person. Annually, on the anniversary of the date of appointment, the conservator must file with the court an accounting of the administration of the estate that accurately reflects every financial transaction that occurred during the accounting period.

A conservator has power to invest funds of the estate and to distribute sums reasonably necessary for the support, care, education or benefit of the protected person. The conservator must pay from the estate all just claims properly presented against the estate and the protected person.

The conservator may use a protected person's money only for the benefit of the protected person. A conservator may not make gifts of the protected person's assets unless the court has issued an order that authorizes the gifts. A conservator cannot use the protected person's money to pay the conservator's bills.

I appreciate the chance to help you today.Good luck here with all

If you can positive rate 5 stars it is much appreciated.

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RayAnswers, Attorney
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