Morris Hall, PLLC

Estate Planning Attorneys

MakePayment with multiple options
CALL NOW: 1 (888) 222-1328
  • Home
  • Our Firm
    • Attorneys
    • Morris Hall Core Values
    • Communities We Serve
      • Arizona
        • Carefree
        • Flagstaff
        • Mesa
        • Oro Valley
        • Phoenix
        • Prescott
        • Scottsdale
        • Sedona
        • Tucson
      • New Mexico
        • Albuquerque
        • Las Cruces
        • Santa Fe
    • Our Team
    • Published Books
      • Don’t Go Broke in a Nursing home
      • Tax Free Money for Long-Term Care!
    • Testimonials
  • Our Services
    • Asset Protection
    • Probate
    • Tax Planning
    • Trusts
    • Trust Administration
    • Wills
    • Videos
  • Resources
    • Blog
    • Do I Need an Estate Plan?
    • Elder Law Reports
    • Elder Law Resources
      • Albuquerque Elder Law
      • Las Cruces Elder Law
      • Phoenix Elder Law
      • Santa Fe Elder Law
      • Tucson Elder Law
    • Estate Planning Problems
    • FAQs
    • Probate Resources
      • Albuquerque Probate
      • Flagstaff Probate
      • Las Cruces Probate
      • Phoenix Probate
      • Sedona Probate
      • Tucson Probate
    • Recent Law Changes and Improvements Affecting Arizona and New Mexico
      • Update My Living Trust
    • Reports
    • What to Do When Death Occurs
      • What Not To Do When Someone Dies
      • Who To Contact After A Loved Ones Death
  • Reviews
    • Testimonials
    • Review Us
  • Locations
  • Events
    • Upcoming Webinars
    • Past Webinar Recordings
  • Contact Us

Will the Court Automatically Name Your Spouse as Your Guardian/Conservator If You’re Incapacitated?

November 9, 2012 by Morris Hall, PLLC 3 Comments

When a person is not able to make their own healthcare decisions, the named agent in the Healthcare Power of Attorney will act for the incapacitated person. However, if there are no legal documents in place, the court must decide who will be in control over the incapacitated person’s medical and financial decisions. This court process is called Guardianship and Conservatorship.

A common myth is that a spouse can automatically step in and make the health and financial decisions for the incapacitated spouse. The fact is that a spouse can only make the decisions for the incapacitated spouse if there are legal documents in place; if not, a guardianship and conservatorship proceeding must be filed with the court and the non-incapacitated spouse, or anyone else for that matter, has the right to ask the judge to be appointed. This process is humiliating, time consuming and expensive.

This is exactly what happened with Zsa Zsa Gabor.  Zsa Zsa’s daughter from a prior relationship, Constance Francesca Hilton, went to court to ask the judge to be in control over her mother’s health and financial decisions. However, Zsa Zsa’s husband, Frederic von Anhalt, also went to court and asked the judge to be in control over his wife’s affairs. The judge had the daunting task to determine which family member would be the one in charge over Zsa Zsa.

As you can imagine, the judge listened to mountains of testimony over an extended period of time. Hilton alleged to the court that Frederic was not properly caring for her mother’s medical and financial needs. In addition, Hilton also claimed that Von Anhalt kept Zsa Zsa sedated and isolated her from her own family. As these claims were not validated, the Superior Court granted Von Anhalt the ability to oversee Zsa Zsa’s medical decisions. The judge also granted Hilton’s request to see her mother weekly. The court assigned several attorneys to oversee Zsa Zsa’s finances.

Luckily, both parties seemed relatively happy about the outcome of the case.  However, the court costs and attorney fees could have been avoided if Zsa Zsa had properly planned with correct estate planning documents. Please get prepared and select whom you would prefer to make vital choices for you should you be unable to make such decisions on your own.

For more information, contact one of our uniquely qualified estate planning attorneys for a free consultation at 888.222.1328.

 

About Morris Hall:
At Morris Hall, we have focused our legal practice on estate planning for over 40 years.  Along with estate planning, our attorneys help clients and their families with matters of probate, trust administration, wills, power of attorneys, business planning, succession planning, legacy planning, charitable gifting and other important legal aspects.  We also have divisions in financial, real estate and accounting to help you incorporate all of your planning together, ensuring that everything works perfectly for your needs and situation. Our Arizona offices are located in Phoenix, Mesa, Scottsdale, Cave Creek, Tucson, Prescott, Flagstaff and the West Valley.  Our New Mexico offices are located in Albuquerque, Las Cruces and Santa Fe.  Contact us today at 888.222.1328 to schedule an appointment!

This blog should be used for informational purposes only.  It does not create an attorney-client relationship with any reader and should not be construed as legal advice.  If you need legal advice, please contact an attorney in your community who can assess the specifics of your situation.

  • Author
  • Recent Posts
Morris Hall, PLLC
Morris Hall, PLLC
Morris Hall, PLLC
Latest posts by Morris Hall, PLLC (see all)
  • How Do I Trust Thee…Part I - July 1, 2022
  • Advance Directive: Do I Need One? - May 24, 2022
  • Probate vs. Non-Probate Assets - May 17, 2022

Comments

  1. SandraMcKenzie says

    February 2, 2021 at 2:24 pm

    i am trying to find out what I need to do or how i go about getting my inheritance that my father in law have been keeping from me for over 25 yrs. He knows I can’t fight against him. I cant afford a lawyer, but I do have original documents my father in law sent to me to get me to sign my rights away. I didn’t sign and I just cried and said God’s Will is His plan, So what I am trying to do is find out what I need to do without a lawyer speaking for me becoming my deceased husband’s Conservator or whatever forms I need and what’s my first step. I would appreciate it if you have any suggestions (for free of course) or we can work out something for your help (legally of course) smile! Thank you for your time Ms. Royse!
    Thank you in Advance!
    Sandra McKenzie

    Reply
    • MH says

      March 2, 2021 at 10:36 am

      Ms. McKenzie, this does not sound like a good situation. Our firm does not handle any litigated matters, so your first step is to contact the State Bar to see if they can help you find an appropriate litigation attorney that can work at reduced rates or pro bono. Best of luck.

      Reply
  2. John Smith says

    March 18, 2021 at 4:59 pm

    Go to court for a court appointed lawyer who will work for free or at low rate

    Reply

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

MH logo

Main Office

7600 N 16th St, Ste 105

Phoenix, AZ 85020

Phone: 602-249-1328

Fax: 602-248-2887

Subscribe to Our Newsletter

For a sample Click Here

Offices

Our law firm has offices in Arizona and New Mexico. See all of our locations here.

Our law firm has offices in Arizona and New Mexico. See all of our locations here.

Toll Free: 888-222-1328

Mon-Thur: 8:00am – 5:00pm
Fri: 8:00am – 4:00pm

  • Linkedin
  • Twitter
  • Facebook
  • Youtube

Need an Estate Planning Lawyer Near You?

Looking for an estate planning lawyer near you? We have office locations in Phoenix, Mesa, Scottsdale, West Valley, Carefree, Prescott, Sedona, Flagstaff, Tucson, and Oro Valley in Arizona. In New Mexico, we have office locations in Albuquerque, Santa Fe, and Las Cruces, so please visit us at the location that is closest to you.

  • © 2022 American Academy of Estate Planning Attorneys, Inc All rights reserved.
  • Disclaimer