Arizona Guardianship and Conservatorship

Serving Clients in Gilbert, Queen Creek, and the Surrounding Area

Very few people consider guardianship as a fully satisfactory solution to securing care for an incapacitated loved one, but without alternative options, it can be valuable tool to protect the personal and financial security of a parent or loved one who can no longer make decisions for themselves. At LifePlan Legal AZ, we work with you to understand and implement your options for guardianship, conservatorship, special needs trusts and other ways to protect vulnerable loved ones.

Our team also works with appointed guardians and conservators to ensure they understand their responsibilities, which often includes annual reports and accountings. In Arizona, guardians and conservators are fiduciaries; the law requires that every decision made on behalf of the ward or protected person is made in that person’s best interest.

For most, it is advisable to make proactive plans that avoid the necessity for guardianship and conservatorship. This can be accomplished through advanced planning including financial or health care powers of attorney, trustee designations, and special needs trusts. We can assist you in creating clear and effective instructions on how you will be cared for and ensure your wishes are known and honored. When proactive planning is insufficient, guardianship may become necessary.

Adult Guardianships

Guardianship is the legal process that the Arizona probate court uses to declare that a person is incapacitated and unable to make their own medical decisions. The court appoints an individual, known as an agent, to act on their behalf and make decisions on choice of doctor, treatment options, where the incapacitated person will live, and other important decisions. The ward may be incapacitated through an accident, suffer from an incapacitating illness, have a mental illness, mental deficiency, mental disorder or struggle with chronic intoxication or drug abuse.  

Adult Conservatorships

Conservatorships are similar to guardianship and are sometimes confused. They are formed when the probate court declares, because of incapacity, that a person unable to manager their own financial resources. This may include buying or selling property, managing investments, or other banking transactions. A conservatorship is typically granted in connection with a guardianship but is not required to be. If the ward or protected person has assets that are above a certain level, the court will monitor any appointed conservators by requiring annual reports on how those assets were used.

It is essential you give this authority only to a person you trust and who genuinely cares about you. You may consider limiting their authority to meet your best interests. Our team is experienced in assisting with filing for guardianship and conservatorship as well as assisting you to file your annual reporting and accounting.

Removing a Guardianship or Conservatorship Appointment

The removal of a guardianship or conservatorship can be a complicated process whereby the ward petitions the court to have their legal rights restored. They must demonstrate that their incapacity no longer exists or is such that they are no longer in need of a guardian or conservator.

To transfer the responsibility of guardianship to another person requires approval from the court after filing a petition and attending a hearing to determine if transferring guardianship is in the ward’s best interest.

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Types Of Conservatorship Cases We Handle

Arizona conservatorships may be of either a person or an estate. At LifePlan Legal AZ, we offer comprehensive legal guidance for both types of conservatorship, as well as other unusual legal situations your family may face. Our Mesa, AZ conservatorship lawyer can help you with these matters and more:

• General Conservatorships: A general conservatorship is one in which an adult is unable to manage their financial affairs, make medical decisions in their best interest, or both. Adult conservatorships may be limited (over a specific area of the ward’s life) or full (over all legal decisions, including where the ward will live).

• Limited Conservatorships: A limited conservatorship is designed for adults with special needs or disabilities, granting the conservator limited powers to support the individual’s independence and protect them from abuse, neglect, or exploitation (financial, physical, or otherwise).

• Temporary Conservatorships: This is a short-term remedy to protect an individual’s assets or health until a more permanent limited or full conservatorship can be established for the individual. These are usually used in cases of emergency illness or injury, or sudden incapacity.

• Financial (Estate) Conservatorships: Financial conservatorships grant legal authority over an individual’s financial affairs and management of assets. Conservators are to act in the individual’s fiduciary interests.

• Personal (Person) Conservatorships: This is a conservatorship over an individual’s medical treatments, personal care, living arrangements, and other daily needs. Personal conservators do not have authority over the individual’s financial affairs.

• Contested Conservatorships: In cases where the need for a conservator is contested or when the identity of the proposed conservator is in question, our firm can represent your position in court to protect the agency of the proposed ward as much as possible and ensure the proposed conservator understands their obligations.

• Termination or Modification of Conservatorships: As the ward’s circumstances change, the structure or limits of the conservatorship may need to be altered. We can petition the court to modify the conservatorship or end it if the individual has regained their abilities.

We help families seek the least-restrictive legal control over their loved one’s independence and agency. Our Mesa conservatorship lawyer explains your obligations as a conservator and guides you through the legal process of establishing, modifying, or ending a conservatorship. Do you need help establishing or managing a conservatorship of an individual or an estate? Please contact LifePlan Legal AZ today for a personalized consultation.

Types Of Guardianship Cases We Handle

Arizona law has specific guidelines for guardianships, depending on the age of the proposed ward (the person for whom the guardianship is being sought) and the type of guardianship (partial or full) that the petitioner is requesting. Our Arizona guardianship lawyer can explain the requirements of the court, including the need for a professional evaluation of your loved one, for the following types of guardianship situations:

• Guardianship of a Minor: When both of a child’s parents are unable to care for the minor child (due to the death of both parents, parental abandonment, incapacity, imprisonment, or other serious circumstances), a guardian may be appointed to supervise the child and make decisions on their behalf. This includes handling matters concerning the child’s medical care, education, physical needs, and overall welfare. We help families secure legal guardianship to ensure the minor child or children are protected.

• Adult Guardianship (Incapacitated Adults): If an adult is unable to manage their financial affairs or make informed decisions regarding their healthcare (or both) due to incapacity or cognitive decline, a guardian may be appointed to manage the individual’s finances, medical care, or both. We help your family establish a guardianship of an adult to prevent their abuse or neglect.

• Emergency or Temporary Guardianship: A temporary emergency guardianship is valid for a limited time and is intended to protect someone’s health and safety in cases of sudden abandonment, illness or injury, or another emergency. Our attorneys swiftly file an emergency petition to secure temporary authority over your loved one until a long-term solution is determined.

• Limited Guardianship: Limited guardianships permit one person to make decisions over a limited area of another person’s life (such as financial affairs or medical care). The ward retains their individual rights and agency over the other areas of their life.

• Guardianship of the Estate: When an individual needs help to manage their assets (such as an inheritance, income, or other property), a guardian of their estate may be appointed. This is common for minor children or incapacitated adults.

• Standby Guardianship: A “standby” guardian is someone who is designated to assume responsibility for an individual when a specific triggering event occurs, such as the death of the ward’s parent or the parent’s sudden illness or injury. Having a standby guardianship in place often eliminates the need to present an emergency temporary guardianship petition to the court, ensuring a seamless transfer of legal responsibility for the child.

• Contested Guardianship: We represent clients in cases where guardianship over an individual is disputed. This can include disputes over whether guardianship is necessary and disputes over who will serve as guardians.

Our Arizona guardianship lawyer can help your family during this difficult time. We explain the legal obligations of a guardian and handle the legal matters on your behalf. Please contact LifePlan Legal AZ today for a compassionate consultation.