Q:  What if your stepmother denied or unreasonably restricted contact between you and your incapacitated elderly father? What rights do you have under Arizona law?

A: Under A.R.S. § 36-3211, your stepmother mother as Agent under Health Care Power of Attorney for your father should “encourage and allow contact” between your father and those with whom they have a “significant relationship.” (i.e., his children). Further, an agent cannot “limit, restrict or prohibit reasonable contact between the principal and any other person without prior court approval” unless the health care power of attorney expressly allows the Agent to restrict visitation. This law went into effect in 2021 so if the health care power of attorney your stepmother is using is older than 2021, it likely will not have the language required to authorize restriction or termination of your contact or visitation. Still, if it is more recent it must contain specific language allowing her to limit or restrict contact.

Asking for Court Intervention:

If she doesn’t have authority to restrict contact in the power of attorney, your stepmother must file a petition with the Court. The petition must: 1) describe the relationship, 2) describe the restrictions sought, and 3) explain why the limitations are in the principal’s best interest. If she seeks to cut off all contact because it would be “detrimental to the principal’s physical or emotional health or well-being,” a doctor must submit a written statement in support.

You can also seek the court’s assistance. The person whose contact has been limited (i.e., you) may petition to compel contact. You must describe the relationship and the contact being requested. The petitioner must prove: 1) the relationship is significant, and 2) contact is in the principal’s best interest.

Whether you are the Agent under Health Care Power of Attorney for an incapacitated individual or a close relative or friend seeking contact it is important that you understand your rights. Elder law attorneys often deal with these types of matters (both in and out of court). We are here to help. Contact our office today at 480-922-1010 or email info@bivenslaw.com to schedule your consultation today.