The Scottsdale Guardianship & Conservatorships Attorneys You Can Trust<\/h2>
Guardianship and conservatorship are legal options for adult children, parents, or other loved ones who want to support and protect an underage or incapacitated family member or friend. Both guardianship and conservatorship are obtained through a court process called a Protective Proceeding.<\/p>
The knowledgeable Scottsdale attorneys at JacksonWhite Attorneys at Law can guide you through each step of the process to ensure that your loved one receives the care he or she deserves.<\/p>
Guardianship Attorneys<\/h2>
In Arizona, guardianship gives an individual other than the legal parent the ability to care for a child. This care includes but is not limited to, taking physical possession of the child, making medical decisions on the child\u2019s behalf, enrolling the child in school, and acting in the place of the child\u2019s parent.<\/p>
There are two main types of guardianships in Scottsdale, including:<\/p>
Title 14 Guardianship<\/strong> \u2013 This type of guardianship is easiest to obtain. However, it requires a person to have one or both parents\u2019 consent with the exception of cases in which a parent is deceased or the legal parents\u2019 rights have been terminated. Title 14 Guardianship is granted through Arizona probate court.<\/li>
Title 8 Guardianship<\/strong> \u2013 It can be more difficult to obtain Title 8 Guardianship; however, a person does not need both parents\u2019 consent. A person can apply for guardianship if they believe that it is in the child\u2019s best interest to do so. Title 8 Guardianship is granted through juvenile court.<\/li><\/ul>
In cases where guardianship is sought due to a person who is incapable of handling their own medical decisions, it is important to consider alternatives. Other legal tools can serve as alternatives to guardianships in Scottsdale, including the following:<\/p>
Health Care Power of Attorney<\/li>
Mental Healthcare Power of Attorney<\/li>
Surrogates<\/li>
Living Wills<\/li><\/ul>
Conservatorship Attorneys\u00a0<\/h2>
During conservatorship proceedings, a person may be appointed by the court to protect, manage, and conserve the assets of a loved one. If the conservator accepts the appointment, he or she is subject to fiduciary responsibilities and duties. Breach of these duties could result in serious civil penalties.<\/p>
When determining whether to appoint a person as a conservator, the court will take several things into consideration, including the following:<\/p>
Findings from a physician<\/li>
Report from the court investigator<\/li>
Testimony of the person filing the petition<\/li>
Objections made by anyone who opposes the conservatorship<\/li>
Other evidence or testimony available<\/li><\/ul>
Conservatorships are typically reserved for individuals who have not yet designated a person to handle their financial affairs. In cases where individuals plan in advance, there are several alternatives to conservatorship to consider, such as:<\/p>
Durable Financial Power of Attorney<\/li>
Living Trusts<\/li><\/ul>
Meet Our Guardianships & Conservatorships Team Servicing Scottsdale<\/h2>
<\/p>
\u00a0<\/h2>
Speak with JacksonWhite Today to Get Started<\/h2>
Granting guardianship or conservatorship is not something that Arizona courts take lightly. The court will want to ensure that the person accepting these important duties is capable and has the underage or incapacitated person\u2019s best interests at heart.<\/p>