There are three usual scenarios in which our clients request that we prepare a Guardianship proceeding:
- a parent or older relative can no longer make decisions and never prepared a power of attorney
- a disabled child becomes an adult and does not have the ability to make good decisions
- a child's parents are unable to care for the child (in this scenario, it might be better to request legal decision-making in family court. We'll discuss this in a different article.)
What is required to obtain Guardianship?
In Arizona, guardianship proceedings are presided over by the probate department. For the first two scenarios involving an incapacitated person, the court must appoint an attorney to represent the incapacitated person. These attorneys must undergo additional training and are placed on a court approved list. However, the burden of paying for the attorney is on the person who is requesting the guardianship. At present time the cost is usually $400-$600, but may be more. We suggest that our clients contact the attorneys on the court list and compare costs before engaging the attorney.
In Arizona, guardianship proceedings are presided over by the probate department. For the first two scenarios involving an incapacitated person, the court must appoint an attorney to represent the incapacitated person. These attorneys must undergo additional training and are placed on a court approved list. However, the burden of paying for the attorney is on the person who is requesting the guardianship. At present time the cost is usually $400-$600, but may be more. We suggest that our clients contact the attorneys on the court list and compare costs before engaging the attorney.
In addition to a court appointed attorney, the person requesting the guardianship must also hire a court investigator. Again, there is a court approved list and the costs generally range from $400-600. The person requesting the guardianship should contract with the investigator prior to submitting the court papers.
The incapacitated person must also be evaluated by a medical provider, or psychologist. The court investigator and medical provider must submit a written report to the court with their recommendations. These recommendations may specify full guardianship (the guardian makes all decisions for the incapacitated adult), or limit the guardianship to only certain decisions.
Do I need a Conservatorship to manage finances?
In Arizona, if the guardian also wants to control the incapacitated person's finances, they must also request conservatorship in addition to guardianship.
In Arizona, if the guardian also wants to control the incapacitated person's finances, they must also request conservatorship in addition to guardianship.
The proposed guardian must also take a class on how to be a guardian and what the court requires. This class is available online and takes approximately 30-60 minutes to complete. If conservatorship is requested, an additional online class is required.
Once I'm appointed Guardian or Conservator will I need to do anything else with the Court?
If the court determines a guardianship is necessary, the guardian will have an annual report due to the court each year on the anniversary date of the guardianship. This annual report also includes an annual evaluation by a medical provider. If the court has granted conservatorship, an annual accounting will be due to the court each year. The annual accounting includes bank statements and all receipts for the year.
Does a Guardianship or Conservatorship automatically terminate if my loved one dies?
Yes, and no. Even if there is a technical termination of guardianship, the guardian should report the death to the court to close the proceeding. For a conservatorship, the conservator must make additional reports to the court prior to closing the conservatorship.
If you find yourself dealing with guardianship or conservatorship issues, we are happy to help. Please call us at 928-778-3113.
If the court determines a guardianship is necessary, the guardian will have an annual report due to the court each year on the anniversary date of the guardianship. This annual report also includes an annual evaluation by a medical provider. If the court has granted conservatorship, an annual accounting will be due to the court each year. The annual accounting includes bank statements and all receipts for the year.
Does a Guardianship or Conservatorship automatically terminate if my loved one dies?
Yes, and no. Even if there is a technical termination of guardianship, the guardian should report the death to the court to close the proceeding. For a conservatorship, the conservator must make additional reports to the court prior to closing the conservatorship.
If you find yourself dealing with guardianship or conservatorship issues, we are happy to help. Please call us at 928-778-3113.
