Phoenix Guardianship Attorneys

Helping Clients with the Legal Guardianship Process in Arizona

A legal guardian is an individual appointed by the court to look after the best interests of their ward. Typically, a guardian looks after the legal rights, property interests, and medical decisions of a minor child or an incapacitated adult. A conservatorship, meanwhile, involves a person making financial decisions for their ward. Guardianship or conservatorship may also be granted in situations where a person is at risk of harm to themselves and cannot be trusted to make sound decisions or cannot care for themselves adequately.

What is a Legal Guardian?

Guardianship is a legal tool that entrusts a person (or, in some cases, an entity) to make legal decisions for another individual (known as a ward). Every state has its unique guardianship laws, which is why you must speak with an attorney local to you in AZ.

Unless an individual has a durable power of attorney or other medical directives in place that override the need to establish guardianship, there are several reasons why guardianship may be necessary. Usually, guardianship should be considered for any situation involving a minor child without the guidance of adults, a disabled person who cannot provide for their own daily care, an incapacitated individual, a person with a mental deficiency who cannot make decisions on their own, or an individual with extreme substance abuse problems who may be a threat to themselves or others. In some cases involving elderly adults, a guardian may be entrusted to make financial, personal, and medical care decisions for the elderly.

Under Arizona law, a child’s biological or adoptive parents are typically granted the legal right to make practical, medical, financial, educational, religious, and social decisions for minor children. If these parental rights have been terminated or if the parents have tragically passed away, it may be necessary to appoint a guardian for the child.

Guardianship for minor children is slightly different from guardianship for elderly adults, incapacitated adults, and adults with a mental illness who cannot care for themselves. For this reason, you should speak with an experienced guardianship lawyer to discuss your case in more detail.

What Are the Qualifications for Becoming a Legal Guardian in Phoenix, AZ?

The qualifications for becoming a guardian shall vary from state to state. In general, a prospective guardian or conservator should be at least 18 years old, have no felony convictions, have no criminal history of misdemeanors that imply dishonesty, and be of proper physical and mental fitness to accept the role of a guardian.

In some cases, the wishes of the intended ward may be considered before appointing a guardian. If the ward is unable to make their wishes known, the court will review any legal documents relevant to the case. If no such documentation exists, the court will usually seek to appoint close relatives of the ward as guardians.

When is Guardianship Necessary?

A legal guardian could be a relative, such as a sibling or a grandparent, or a non-family member, such as a family friend or foster parent. Guardianship and conservatorship are not necessary or even recommended in all cases. However, there are certain situations wherein guardianship or conservatorship may be required.

These include:

• A minor child without a parent or other guardian to act as adult supervision and provide guidance in their life.
• An elderly person who cannot make sound decisions regarding their care or daily needs.
• An individual who has physical or mental issues that prevent them from handling their own daily needs.
• An individual who may be a danger to themselves or others if trusted with their own care.
• Other legal assistance, such as financial affairs management, cannot adequately protect an individual from harm.

If there is no person already legally authorized to assume care for these individuals, it may be necessary to appoint a guardian in a court of law.

What is the Difference Between a Guardianship and a Conservatorship?

In some states, guardianship and conservatorship mean the same thing. Meanwhile, other states treat guardianship and conservatorship arrangements as two very different legal processes with different responsibilities. Typically, guardians are tasked with making practical, personal, medical, and basic decisions for their wards. Conservators, on the other hand, are mostly tasked with handling financial decision-making. An appointed conservator does not have the authority to make decisions regarding their ward’s legal or medical care.

For more information on guardianship or conservatorship, please contact our law office to schedule your initial consultation today.

How is Guardianship or Conservatorship Established?

The legal process is typically started when a family member files a petition in Superior Court. The individual who will receive the appointment as a guardian will receive a notice, as will other interested parties. Courts will ask a physician to examine and provide a written report regarding the mental and physical fitness of the named individual.

After a formal courtroom hearing, a judge will determine whether guardianship is necessary and whether to appoint the intended guardian. The family law judge will also establish the parameters of guardianship according to the ward’s best interests and needs.

Guardians are required to provide periodic reports to the court concerning the condition of the dependent person under their care.

What if There is a Legal Dispute from a Family Member or Other Interested Parties?

Guardians have several responsibilities, both to their wards and other interested parties, throughout the duration of their duties. They must follow all laws, they must ensure that their ward is provided with adequate medical care and access to assets, and they must provide an accounting to family law court annually.

Failure to meet these responsibilities may be a breach of your duty as a fiduciary. Contact our law firm for legal help on how to fulfill your guardianship duties without causing future conflict.

Schedule Your Initial Consultation with a Phoenix Guardianship Lawyer Today

Whether your situation involves a young person who requires the guidance of adults after the loss of their parents or a disabled person who has a mental or physical illness that prevents them from caring for themselves, it is recommended to retain the legal representation of an experienced lawyer when seeking to establish guardianship or conservatorship.

These legal matters are often complex and misunderstood, and many other law firms do not seek out or actively reject guardianship cases. At the law offices of Arizona Family Law Attorneys, we take pride in helping clients through the difficult process of establishing guardianship or conservatorships in Phoenix, Arizona.

To learn more about our legal services, please contact our law firm to schedule a consultation with a knowledgeable guardianship attorney today. 480-448-0608.