Guardianship & Conservatorship
Supporting you so you can support others
In Arizona, the legal procedure to obtain authority over an adult who cannot make legal, medical, financial, and other important decisions for themselves is known as a "Guardianship." Sometimes a disabled person (referred to as a "ward" or "protected person," is able to handle some adult decisions on their own, in which case in may be enough to establish a limited guardianship. More often, the protected person needs help with several different kinds of adult decisions and therefore requires a a full or general guardianship.
Whether it's a limited or general guardianship, though, any adult guardianship case in Arizona begins with filing a petition in probate court. The petition needs to identify the person who will be the subject of the guardianship and the person filing the petition, and it must explain why the person to be protected cannot manage their own affairs. The process of obtaining a guardianship can be difficult and time-consuming, and getting help from a qualified Arizona guardianship attorney is a good way to help keep the case on track.
Although anyone who is interested in the ward's welfare is allowed to file the case, people who have certain defined relationships to the protected person have priority for consideration. The list of people having priority is codified at A.R.S. section 14-5311 and the probate court will typically follow the list unless the judge determines that there's a good reason to choose someone else. Assuming they do not already have a legal guardian, the highest priority is given to the person selected by the protected person, as long as they are able to make an intelligent choice. If the protected person is not currently able to choose but previously nominated someone to act on their behalf (by using a power of attorney), that nominee is next on the list. More often, though, the person in need of a guardian cannot choose a nominee and has not created a valid power of attorney. In those cases, priority proceeds to the person's relative, specifically their spouse, adult child(ren), parent(s), or else to another relative who has been caring for the person for at least 6 months. If a person needs a guardianship and no other person is available to serve, a public agency can also serve as guardian. If you are uncertain whether you are eligible to serve as guardian for another person, or want more information about what will be required, consider consulting with an Arizona guardianship lawyer.
Once the guardianship petition has been filed, several people will be appointed to advise the judge about the case. The court will require a medical report to prove that the person who is claimed to need a guardian is actually incapacitated, an investigator's report about whether the person asking to be guardian is an appropriate caretaker, and the protected person will be represented by a lawyer to advise the judge about whether the ward agrees with guardianship, or help the ward contest the case if they object to it. The court will appoint their own investigator, doctor, and lawyer, unless the person already has a relationship with a physician or attorney. Once a guardian is appointed for someone, the court requires the guardian to file annual reports about changes in the ward's condition and explain whether the guardianship should continue.
If a protected person has significant assets (generally, $10,000.00 or more), in addition to a guardianship, a conservatorship may be required. The guardian is in charge of the ward's care and day to day living, while the conservator is in charge of the person's assets. Most of the time, the guardian and conservator will be the same person, and the process to appoint the conservator follows the same general steps as appointing the guardian. However, because they are responsible for financial matters, a conservator also has additional responsibilities to the court, including an inventory and an annual accounting of the person's finances. It's important to keep detailed, accurate records as a conservator in order to create an accurate accounting that the court will accept at the end of the year. Getting advice from an Arizona guardianship attorney is a good idea, and depending on the complexity of the case, sometimes the conservator requires help from an accountant as well.
