MATTER OF GUARDIANSHIP/CONSERVATORSHIP OF DENTON

No. CV-96-0542-PR.

945 P.2d 1283 (1997)

190 Ariz. 152

In the Matter of the GUARDIANSHIP/CONSERVATORSHIP OF Frances Louise DENTON, An Incapacitated and Protected Adult. Fred C. DENTON, both individually and in his capacity as guardian and conservator of Frances Louise Denton, Petitioner, v. SUPERIOR COURT of Arizona, In and For the COUNTY OF MARICOPA, the Honorable Pamela J. Franks, a judge thereof, Respondent Judge, AMERICAN FAMILY CARE CORPORATION, an Arizona corporation, dba Paradise Homes #4; Olsten Certified Healthcare Corp., a Delaware corporation, dba Olsten Kimberly QualityCare; and Todd Koceja and Jane Doe Koceja, husband and wife; Real Parties in Interest.

Supreme Court of Arizona, En Banc.

September 25, 1997.


Attorney(s) appearing for the Case

A. Paul Blunt, P.C. by Jay M. Polk, A. Paul Blunt, Scottsdale, for Petitioner.

Broening, Oberg, Woods, Wilson & Cass by Douglas G. Shook, James R. Broening, Phoenix, for Real Party in Interest American Family Care Corporation.

Mitten, Goodwin & Raup by Stephen C. Yost, Phoenix, for Real Parties in Interest Olsten Certified Healthcare Corp. and Todd and Jane Doe Koceja.

Arnold and Laskin, P.C. by Charles L. Arnold, Wendy Schwartz Laskin, Bridget O. Swartz, Phoenix, for Amicus Curiae Mental Health and Elder Law Section—and—Probate and Trust Section of the State Bar of Arizona Arizona Chapter of National Academy of Elder Law Attorneys.

Arthur N. Gorman, Phoenix, and Dorothy Siemon, Washington, DC, for Amicus Curiae American Association of Retired Persons.


OPINION

MOELLER, Justice.

FACTS AND PROCEDURAL HISTORY

At the age of seventy-four, Frances Louise Denton ("Frances") suffered from a multitude of ailments, including coronary heart disease, congestive heart failure, pericardial effusion, mitral and aortic regurgitation, progressive Alzheimer's-type senile dementia, allergies, incoherence, hallucinations, and incontinence. As Frances' condition worsened, her husband, Fred C. Denton ("Fred"), became...

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