Introduction
Caring for struggling loved ones can be challenging. In some cases, deteriorating health can result in impairments and disabilities that affect an individual’s capacity for decision-making. Some adults who suffer from diminished mental capacity may be unable to make choices about their general wellbeing or healthcare needs without assistance. Guardianship is a means for you to help your loved ones when faced with these kinds of difficult circumstances.
What Is a Court-Appointed Guardian?
In Arizona, guardianship is a protective proceeding through which the Superior Court may appoint a Guardian to care for an incapacitated adult, also known as a ward. A guardian is given the authority to make decisions on behalf of the ward. Guardians typically help wards with healthcare and placement decisions while conservators help with financial decisions. Additionally, a guardian can help the ward with issues related to daily living.
It’s important to note that a guardian should act in the best interest of the ward, rather than in their own interest. A guardian should strive to meet the ward’s needs in the least restrictive way possible.
Sometimes, getting a court-appointed guardian is not necessary. If your loved one has signed Power of Attorney documents, you may not need to move forward with guardianship. If you are unsure whether or not your loved one needs guardianship, schedule a consultation with one of our attorneys to see how the law applies to your situation.
What Counts as Incapacitated?
The question “what counts as incapacity?” is often a central element to Guardianship proceedings. Arizona State law defines an incapacitated person as “any person who is impaired…” due to diminished physical or mental ability “to the extent that he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person.” Incapacity is a part-legal and part-medical determination made by a judge.
Who can Petition the Court to Appoint a Guardian in Arizona?
The Court often appoints family or friends as guardians, but individuals can also petition the Court to appoint a licensed fiduciary. Determining what arrangement will be best for your loved one can be difficult. Scheduling a call with one of our attorneys can help you get the information you need so that you can make the choice that best benefits your loved one.
Indicators Your Loved One May Need Guardianship
Your loved one may need a guardian if:
- They struggle with medical decision-making
- They can’t or won’t sign a Power of Attorney
- They seem easily upset or aggressive
- They regularly get lost or disoriented
- They require treatment in a mental health facility
- You don’t think they’re safe when home alone
- You suspect someone is taking advantage of them
How to Become a Guardian
Guardians are only appointed by order of the Court. The process for appointing a guardian begins with filing the correct documents for guardianship proceedings. Once all the correct documents have been filed with the Court, the Court sets an initial hearing to consider the Petition for Guardianship. If there is an objection to the petition from the ward or any other interested person, the proceeding becomes contested. In a contested proceeding, it is essential to seek the assistance of an attorney.
When considering the appropriateness of guardianship, the Court often reviews written reports containing an overarching assessment of the potential ward’s needs. These reports can include medical history, causes of impairment, and notes from conversations with the potential ward. After appointment, a guardian must submit annual reports to the Court detailing the ward’s health, location, and need for continued guardianship.
Get Help with Your Guardianship Case
It is heartbreaking to watch a loved one’s ability for independence and self-care slip away. Fortunately, guardianship can enable family and friends to drastically improve the quality of life for their loved ones. If you have questions about seeking guardianship or conservatorship for your loved one, call our Guardianship team to get help today. (480) 409-9303
The above information should not be construed as legal advice. No attorney/client relationship is formed upon receipt or delivery of the above information.