Arizona’s Guardianship Laws Are Different
Some states offer plenary guardianship, which grants a guardian the right to make all decisions for someone who cannot do so for themself. In these states, there are typically two subsets of authority—guardianship of the person and guardianship of the estate—meaning an appointed guardian has the authority to make both financial decisions and medical decisions for an incapacitated loved one.
In Arizona, we separate these authorities between guardianship and conservatorship—two different mechanisms designed to protect individuals who are unable to make important decisions or manage their own affairs because of age, disability, illness, or incapacity.
Here is a breakdown of the terminology to help understand how plenary guardianship will apply in Arizona:
Guardianship in Arizona
Guardianship is typically focused on personal and health-related decisions. It involves appointing a guardian to make choices about where the person lives, their medical care, education, and other personal matters. Guardianship is typically established by the court when someone cannot make decisions safely and needs assistance to protect themselves from harm.
Click here to learn more about the types of guardianship we offer and how to get started today.
Conservatorship in Arizona
Conservatorship, on the other hand, involves decisions regarding an incapacitated person’s assets. A conservator is appointed by the court to take full control over a person’s financial accounts, real property, and other personal property to ensure bills are paid, assets are protected, and financial sustainability can be maintained. Arizona Conservators are held at a high standard of fiduciary responsibility and accountability that requires extensive accounting and reporting. This should not be attempted without legal counsel. If you have a loved one in need of a conservatorship, please contact us today for a consultation.
We are Here To Help
If your loved one is needing help with health-care or financial decisions, we can help. While Arizona terminology separates guardianship and conservatorship, Jackson White’s experienced guardianship attorneys can help you petition for appointment for this plenary guardianship authority to ensure your loved one is appropriately protected.
Call our experienced Guardianship and Conservatorship team at (480)467-4313 to discuss your case today.
