Detailed Answer
Under Arizona law, guardianship and conservatorship allow a court-appointed person to make personal or financial decisions for an adult who lacks capacity. You must follow Title 14 of the Arizona Revised Statutes, Chapter 5. Below are the basic steps:
1. Confirm Incapacity
To begin, obtain a written evaluation from a qualified physician or psychologist stating that your relative cannot manage health, safety, or finances. Arizona’s definition of incapacitated adult appears in A.R.S. § 14-5101.
2. File a Petition
File in the Superior Court of the county where the proposed ward lives. Use the standard petition form for appointment of guardian and/or conservator. The petition must include:
- Name and address of the proposed ward.
- Facts showing incapacity and need for protection.
- Names and addresses of the proposed guardian/conservator.
Refer to A.R.S. § 14-5301 for petition requirements.
3. Serve Notice
Serve a copy of the petition, notice of hearing, and other required forms on:
- The proposed ward.
- Spouse, adult children, parents, or siblings.
- Any existing guardian or conservator.
A service and mailing affidavit must be filed with the court prior to the hearing.
4. Court Investigation
The court will appoint an investigator to interview the proposed ward and report on living conditions, capacity, and proposed guardian’s suitability. This report helps the judge decide.
5. Attend the Hearing
During the hearing, the judge reviews evidence, hears testimony from medical experts, family members, and the investigator, and ensures procedural safeguards. If the court finds clear and convincing evidence of incapacity, it may appoint a guardian, a conservator, or both.
6. Post-Appointment Requirements
Once appointed, the guardian/conservator must:
- Obtain letters of appointment from the court clerk.
- Post a bond if required (see A.R.S. § 14-5401).
- File an inventory of the ward’s assets within 90 days.
- Submit annual reports or accountings per A.R.S. § 14-5403.
7. Modifications and Termination
You may petition the court to modify or terminate the guardianship or conservatorship if the ward’s condition improves or circumstances change.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance specific to your situation.
Helpful Hints
- Start early: Guardianship can take months, especially if contested.
- Gather medical records: Detailed evaluations strengthen your petition.
- Notify all interested parties: Proper notice reduces delays.
- Keep detailed records: Accurate inventories and reports help maintain court approval.
- Consider alternatives: Powers of attorney or supported decision-making may suffice for some individuals.