Does every person who fits the legal definition of an incapacitated person need a Guardian?
If the person has made a Medical Decisions Power of Attorney, he has appointed an Agent to make or communicate medical decisions for him, health care providers may look to that agent for direction. If the person cannot make or communicate responsible decisions concerning his medical care, Guardianship may be avoided by looking at the Surrogate Decision Makers Statute, A.R.S. Section 36-3231. The statute may tell you to whom Health Care Providers may look for health care decisions. Sometimes, health care providers refuse to look to an Agent or a Surrogate Decision Maker for decisions. Typical example is a wandering Alzheimer’s patient who clearly needs nursing home admission but who is recalcitrant. Nursing home will be reluctant to rely upon the Surrogate Decision Maker’s Statute as authority to hold the Alzheimer’s patient, and may require a court ordered Guardianship. No law compels any person or business to honor a power of attorney. If you are convinced that the person who is appoi
