Establishing an Arizona guardianship can be complicated, and a guardianship attorney can be quite helpful with everything that is involved. The process generally begins when a family member or friend petitions the court to appoint a guardian for somebody for whom they are concerned. Upon receiving the petition, the court appoints an attorney to represent the proposed ward and schedules a hearing on the matter, where it will consider all of the relevant guardianship information.
Conservatorships can only be established through the courts, but anybody with an interest in another person’s estate can petition the court to establish a conservatorship for that person. As with guardianships, people do not necessarily require legal counsel to establish a conservatorship, but a conservatorship attorney can be quite helpful in facilitating the conservatorship petition and hearing.
Legal Incapacity Services
Incapacity is a legal term used to describe an individual who cannot manage his affairs. Because people require capacity to make medical and financial arrangements, those without capacity must have somebody else make these important decisions for them. Because not everybody has the foresight to designate a financial and medical decision-maker to step in if they lose capacity, guardianships and conservatorships sometimes become necessary. Generally speaking, a family member or close friend petitions the court to appoint a guardian or conservator, or both, when they believe somebody has lost capacity. The court evaluates the guardianship or conservatorship information and has discretion whether to make the appointment. If the court appoints a guardian or conservator, the incapacitated person becomes referred to as a “ward.”
Call Guardianship and Conservatorship Attorney Colton Johnston at (480)467-4313 to discuss your case today.
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