My girlfriends father suffered a severe brain injury many years ago in a motorcycle accident involving a police officer and received a large settlement amount. He was placed in the care of a conservatorship as well.
My girlfriends father would like for her to come live with him and she actually has for about a month now. He is fairly functional and doesnt seem to have any serious difficulty actually understanding decisions he makes he mostly just has trouble making financial decisions for himself.
The problem that arises in this is that even though he wants her to come live with him his conservators have already made one attempt to outright remove her from his house and after her father talked to them they agreed to allow her to stay saying they were sending letter stating should could be there the was apparently received today.(Thursday July 18th) and states that she may only remain on the premises for 2 weeks from the date of which the letter was drawn up(Friday july 12th) on my personal opinion seeing as this is his daughter it feels as though his conservators are over-stepping their power. This situation does not seem right by any means.
"Conservators" manage a disabled person's money, while "guardians" make personal decisions for them. They are often the same person, which may be true here. A guardian does generally have the authority to exclude a third party from the ward's home, assuming that third party has no legal right to be there and excluding them is in the best interest of the ward. If your girlfriend thinks that it is in her father's interest that they continue to have contact or live together, she may be able to convince the court of that. A.R.S. section 14-5316 allows a person with a significant relationship to a ward to ask the court for visitation orders. Depending on the situation, it may also be appropriate to ask the court to change the guardian or change the terms of the guardianship. She should consider meeting with an attorney to explore her options.
This answer is given for general information purposes and should not be taken as formal legal advice. This answer does not create an attorney-client relationship.
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