{"id":536,"date":"2022-06-22T21:50:28","date_gmt":"2022-06-22T21:50:28","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/guardianships-conservatorships\/?page_id=536"},"modified":"2024-09-25T23:31:57","modified_gmt":"2024-09-25T23:31:57","slug":"guardianship","status":"publish","type":"page","link":"https:\/\/www.jacksonwhitelaw.com\/guardianships-conservatorships\/services\/guardianship\/","title":{"rendered":"Guardianship Services"},"content":{"rendered":"\t\t
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Our experienced legal team can help you set up a guardianship for a loved one.<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Establishing an Arizona guardianship can be complicated, and a guardianship attorney can be quite helpful with everything that is involved.\u00a0 The process generally begins when a family member or friend petitions the court to appoint a guardian for somebody for whom they are concerned, such as an adult with mental illness. 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.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Types of Guardianships We Offer<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Generally speaking, a <\/span>guardianship<\/a> authorizes an individual or agency to legally act on behalf of an incapacitated adult (known as a <\/span>ward<\/a> in guardianship proceedings). Within that broad definition, there are several different types of guardianships that allow the court to tailor the scope of the guardianship to the specific, unique needs of the ward: <\/span><\/p>\n

General Guardianship <\/b><\/span>
This is general guardianship which grants a guardian the authority to make decisions regarding the ward\u2019s healthcare and living arrangements.<\/span>
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Limited Guardianship <\/b>
In some cases, the court may determine that the ward is only partially incapacitated. For example, the ward may possess the mental faculties to make important healthcare decisions, but they need someone to handle their finances and living arrangements. Alternatively, the ward may be competent enough to handle their general finances but requires assistance in specific complicated transactions like selling real estate. If the ward isn\u2019t incapacitated enough to warrant a plenary guardianship, the court will utilize a limited guardianship instead.<\/span>
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Emergency Guardianship
<\/b><\/span>In emergency situations where the ward is in imminent danger of death or serious bodily harm, the court can appoint an emergency guardian for up to six days. While the process is expedited, the petitioner will still need to prove that the ward is incapacitated and that an emergency guardianship is necessary. If the ward still needs a guardian after six days, the court can extend the emergency guardianship into a temporary guardianship.<\/span><\/p>

Temporary Guardianship
<\/b><\/span>Similar to an emergency guardianship, a temporary guardian can be appointed for up to 60 days. If the ward still needs a guardian after 60 days and the formal guardianship proceedings haven\u2019t successfully concluded, the court can extend the temporary guardianship when necessary.<\/span><\/p>

Successor Guardianship<\/b>
<\/span>When an appointed guardian passes away or can no longer fulfill their duty of care to the ward, the court can appoint a successor guardian.<\/span><\/p>

Testamentary Guardianship
<\/b><\/span>Testamentary guardianship typically occurs when a parent designates a guardian for their minor children in his or her will.<\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Who can be Appointed as a Guardian <\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Although any individual or agency can serve as a court-appointed guardian, the ward\u2019s spouse, adult children, parents, and siblings have priority (typically in that order). It\u2019s up to the judge to determine who is best qualified to serve as a ward\u2019s guardian. In rare situations where the judge is unable to find a family member who is qualified, willing, and able to serve as the ward\u2019s guardian, the judge can appoint a professional or public guardian.<\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Process of Guardian Appointment in Arizona<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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While people can seek a guardianship without the help of an attorney, a guardianship attorney may be helpful when it comes time for the guardianship hearing.\u00a0 A court investigator prepares for the hearing by interviewing family members and friends.\u00a0 The court also requests a physician\u2019s report regarding capacity issues and the need for a guardianship.\u00a0 On the day of the hearing, the court examines the guardianship paperwork, considers all of the relevant testimony, and appoints a guardian, if appropriate.\u00a0 With the exception of certain medical emergencies, this entire process takes about eight weeks.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Alternatives to Guardianships<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Guardianships are generally reserved for people who have not appointed somebody to handle their medical decisions. Those who plan in advance, however, can choose for themselves who will handle their medical decisions, and can significantly reduce the likelihood that they will ever require a guardian\u2019s assistance.\u00a0 Legal tools are available, which, if used properly, can serve as alternatives to Arizona guardianships:<\/p>

Health Care Power of Attorney<\/h2>

A health care power of attorney allows an individual (called a principal) to designate an agent who can make health care decisions in the event that he or she loses capacity to do so.\u00a0 Principals can revoke or change a power of attorney at any time, so long as they have capacity.\u00a0 To be valid, an Arizona health care power of attorney must:<\/p>