{"id":6474,"date":"2020-11-02T16:46:37","date_gmt":"2020-11-02T23:46:37","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/arizona-family-law\/?p=6474"},"modified":"2022-12-19T10:01:04","modified_gmt":"2022-12-19T17:01:04","slug":"does-guardianship-override-parental-rights-arizona","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/arizona-family-law\/blog\/does-guardianship-override-parental-rights-arizona\/","title":{"rendered":"Does Guardianship Override Parental Rights in Arizona?"},"content":{"rendered":"
Guardian and parental rights heavily overlap but the two roles are not identical. According to The Judicial Branch of Arizona<\/a>, a person interested in the welfare of a minor may petition the court for guardianship. Guardians in Arizona are responsible for taking over parental responsibilities, including decisions regarding the child\u2019s housing, education, and health care.<\/p>\n Permanent guardianship does not terminate parental rights. It can; however, remove a parent\u2019s legal custody of the child. In the majority of cases, permanent guardianship can be revoked if the child, the child\u2019s parent, or another involved party files a petition with the court to revoke guardianship. This could occur if a parent is deemed able to properly care for the child or if the guardian is proven to be incapable of caring for the child.<\/p>\n As a guardian, a person is able to make educational decisions, authorize medical care, and make other decisions about the day-to-day needs of the child. However, parents do not relinquish their parental rights unless they legally agree to terminate their parental rights. In this case, guardian rights could override the rights of the relinquished parents.<\/p>\n There are two basic types of legal guardianship that a person can petition the court for in Arizona.<\/p>\n Title 14 guardianship, also known as probate guardianship, is the easiest type of guardianship status to obtain. However, to become a guardian under Title 14, a person must have the express consent of both legal parents. The exception to this rule is if the parents have had their rights legally terminated or if a parent is deceased.<\/p>\n This type of guardianship is often temporary, such as if a parent is deployed, working, vacationing, or out of town. It may also be used for appointing a guardian through a person\u2019s will or for appointing a guardian for an unmarried child if parental rights have been suspended or terminated.<\/p>\nTypes of Legal Guardianship in Arizona<\/h2>\n
Title 14 Guardianship<\/h3>\n