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Hello and thanks for choosing Just Answer®. I am a licensed attorney, and I will be glad to try and assist you. To provide you with accurate information, could you please clarify this point:


  1. What is your question for a legal expert to answer?


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Customer: replied 7 years ago.
An emergency conservatorship has been filed for my uncle (who is in Arizona) by a lawyer who held POA over my uncle against his wishes, Living Trust was finalized on same day by Grand Canyon Planning in Scottdale, Arizona. Just received notice of the petition on Sat. Hearing set for Wed. I am leaving for Arizona tomorrow. I am listed as General Durable POA in the Trust. Being the weekend can't reach anyone and need advise on how we can stop this, or re-schedule the hearing date and/or referral to Flagstaff Arizona lawyer.

Hello and thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.


  1. I am a licensed attorney with conservatorship and guardianship litigation experience. I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information. Thank you for taking the time to write back and supply the additional requested information, which was helpful to my analysis of your inquiry. I hope that everything works out appropriately for all concerned in this matter.
  2. Time is obviously of the essence here, but I would mention a few somewhat hopeful points to keep in mind. Paramount is the great care the Courts take in such cases. Due to the extremely high fiduciary duties and potential for abuses, there will be some serious substantive and procedural hurdles to be overcome before a conservatorship can be imposed over your uncle. Even if one is granted temporarily on an emergency basis, it will be subject to modification or complete dissolution. So, I say all of that full realizing the importance of the matter but hoping to afford you at least a small measure of peace of mind.
  3. Now, turning to the crux of your question, you are doing the right thing by traveling to Arizona tomorrow. The lawyer you mentioned will be petitioning for conservatorship, you will be opposing it, but there will also be a very important third party in the form of an independent ad litem appointed by the Court to protect the interests of your uncle. The most important immediate step you can take tomorrow (Monday) is to meet with local legal counsel in Flagstaff. If you have any connections (i.e. friends, family) to get you in touch with such a lawyer directly, then by all means exhaust those avenues if applicable.
  4. If you have no such contacts, I would do the following. Call the Coconino County Bar Association first thing in the morning. I have listed the appropriate contacts (below) for your reference. Explain the urgency of the situation and request an immediate consultation with an appropriate attorney. There are many nationwide legal referral services, but I think you will save valuable time by going directly to the source for Flagstaff. We are not allowed to provide referrals to specific attorneys on this site, so that would be my best recommendation given the immediacy of this legal matter.


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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

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