Arizona Guardianships and Conservatorships

Guardianships

Guardianship is authority granted by the court to make decisions for an incapacitated person regarding their health and medical care.

Why seek guardianship?

• Loved one in need of assisted living placement
• No power of attorney or failed power of attorney
• Inability to consent to inpatient treatment

Conservatorships

Conservatorship is authority granted by the court to make decisions for an incapacitated person regarding their finances and assets.

Why seek conservatorship?

• Protect a vulnerable family member from exploitation
• Inability to pay $4,000+ per month for assisted living
• Bank refusal to recognize power of attorney

The top 10 reasons you may need to apply for Guardianship (physical) or Conservatorship (financial):

Your parent, child, grandparent, or other loved one is:

1. Unable to make medical and/or financial decisions
2. Is unwilling or unable to sign a Power of Attorney
3. Becomes easily agitated, aggressive or combative
4. Gets lost or disoriented, but refuses to give up car
5. Is being exploited by a family member, friend or scam artist
6. Cannot control spending
7. Is not safe to live at home, but refuses to move
8. Has changed POAs numerous times
9. Has given POA to untrustworthy person
10. Needs to be treated in a mental facility

Powers of Attorney (POAs), both health care and financial, can be very effective tools in helping to protect your loved one. However, a POA cannot override a person’s own choices for where he lives or how he spends his money.

Upon approval from the court, guardians step in to act on behalf of someone who is no longer able to make safe medical decisions. Similarly, with the court’s approval, conservators step in to make financial decisions on behalf of someone who is no longer able.

Courts have discretion to grant guardians and conservators very broad or limited authority, depending on the particular situation.

When petitioned to create a guardianship or conservatorship, courts consider whether the individual has made prior arrangements to have somebody handle his medical and financial issues; and whether the individual is legally incapacitated.

An Arizona guardianship attorney or conservatorship attorney can be helpful in persuading the court that a guardianship or conservatorship is indeed necessary.

To learn more about the process of being appointed guardian or conservator by the court, contact us at (480) 467-4313.