When a loved one becomes unable to care for themselves or make sound decisions, Arizona law provides two primary legal arrangements to protect them: guardianships and conservatorships. Understanding the differences and requirements for each is crucial for families facing these challenging situations.
What Are Guardianships and Conservatorships?
In Arizona, guardianships and conservatorships serve distinct but complementary purposes. A guardianship grants authority to make personal and healthcare decisions for someone who is incapacitated, while a conservatorship provides authority to manage financial affairs and property.
Under Arizona Revised Statutes § 14-5101, an “incapacitated person” is defined as someone who lacks sufficient understanding or capacity to make or communicate responsible decisions concerning their person. This may be due to mental illness, mental deficiency, physical illness or disability, chronic drug use, or other causes.
When Are These Arrangements Necessary?
Guardianships and conservatorships become necessary when:
- An adult can no longer make sound decisions about their personal care or finances
- A minor’s parents are deceased or unable to care for them
- Someone with developmental disabilities reaches adulthood
- An elderly person develops dementia or other cognitive impairments
- A person suffers a severe accident or illness affecting their decision-making capacity
Types of Guardianships and Conservatorships
Adult Guardianships and Conservatorships
For adults, the court can appoint:
- A guardian to make personal and healthcare decisions (ARS § 14-5312)
- A conservator to manage financial affairs (ARS § 14-5425)
- Both a guardian and a conservator are needed when both types of protection are needed
Temporary Arrangements
Under ARS § 14-5310, the court may appoint a temporary guardian for up to six months if:
- An emergency exists
- A guardian is necessary to prevent serious harm
- No other person appears to have the authority to act
Similar provisions exist for temporary conservatorships under ARS § 14-5401.01.
Permanent Arrangements
Permanent guardianships and conservatorships continue until:
- The protected person regains capacity
- The court terminates the arrangement
- The protected person passes away
The Role of Your Attorney
A guardianship and conservatorship attorney helps by:
- Evaluating whether guardianship, conservatorship, or both are appropriate
- Filing necessary petitions with the court
- Ensuring compliance with Arizona guardianship and conservatorship laws
- Representing clients in court hearings
- Advising on ongoing duties and responsibilities
Steps to Establish Guardianship or Conservatorship in Arizona
- File a petition with the appropriate court
- Provide notice to all interested parties
- Obtain medical evaluations when required
- Attend the court hearing
- If appointed, fulfill ongoing reporting requirements to the court
The court must find clear and convincing evidence that the arrangement is necessary and appropriate before appointing a guardian or conservator.
Powers of Attorney Can Help You Avoid This Mess
While it’s often too late to create powers of attorney once incapacity occurs, understanding their role in preventing guardianships and conservatorships is important. Having proper powers of attorney in place while capable can help families avoid the need for court intervention later.
A durable power of attorney for healthcare and finances can:
- Prevent the need for court supervision
- Save significant time and money
- Maintain family privacy
- Allow for immediate action when needed
Get Help With Your Guardianship or Conservatorship Matter
While our firm focuses on estate planning and probate matters, we understand the importance of connecting families with experienced guardianship and conservatorship attorneys. We maintain relationships with qualified attorneys throughout Arizona who can assist with these matters.
Located in Scottsdale, Arizona, we can refer you to attorneys serving clients throughout the Phoenix metropolitan area and throughout Arizona. Contact us at (480) 660-4940 for a referral to an attorney who can help guide you through the guardianship and conservatorship process.
These matters can be complex and emotionally challenging. Working with an attorney who regularly handles guardianships and conservatorships will ensure your loved one’s interests are properly protected under Arizona law.