Aging, brain injuries, the development of cognitive or intellectual disabilities due to a serious illness, and many other conditions can result in a person losing their mental competency. When this occurs, a person may greatly benefit from having a guardian or conservator to aid them in making important health or financial decisions.<\/p>
The team of Chandler guardianship and conservatorship attorneys at JacksonWhite have extensive experience helping families navigate these complex processes.<\/p>
Appointing Guardianship<\/h2>
Guardianship gives an individual, other than the legal parent, the responsibility of caring for a minor and making important decisions regarding the child\u2019s health, housing, and education. There are two main types of guardianship arrangements in Arizona, including:<\/p>
Title 14 Guardianship<\/strong> \u2013 This type of guardianship is easiest to obtain but requires a person to obtain the consent of both legal parents, with the exception of cases in which the parent\u2019s rights have been terminated or the parents are deceased.<\/li>
Title 8 Guardianship<\/strong> \u2013 This type of guardianship is more difficult to obtain; however, a person does not require both parents\u2019 consent as long as the person believes that it is not in the best interest of the child to stay with the legal parents.<\/li><\/ul>
Guardianship is not just reserved for minors but may also apply to incapacitated adults. General guardianship gives a person the right to manage all of the ward\u2019s personal and business matters. Limited guardianship gives an individual the right to only manage some of the affairs of the ward.<\/p>
Individuals interested in seeking guardianship in Arizona must file a petition with the court and attend a hearing. Having an experienced Chandler guardianship attorney by your side can help ensure this process goes smoothly.<\/p>
Appointing Conservatorship\u00a0<\/h2>
A conservator may be appointed by an Arizona court to handle the financial affairs of a person deemed in need of financial protection. The power of a conservator is limited to a ward\u2019s financial matters and does not include the ability to control a ward\u2019s medical care or living arrangements.<\/p>
Rules regarding conservatorship can differ when a ward requires inpatient psychiatric treatment. Only a guardian has the power to commit a ward to a \u201cLevel One\u201d mental health treatment center if the appropriate court proceedings have been completed. This process requires a thorough mental evaluation by at least two physicians.<\/p>
Conservatorship is not a suitable solution for all situations. Instead, it is generally reserved for individuals who have not designated another person to manage their financial affairs. When possible, alternatives to conservatorships should be considered, such as a durable financial power of attorney or a living trust.<\/p>
Meet Our Guardianship & Conservatorship Law Team Servicing Chandler Arizona<\/h2>
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Schedule a Consultation with JacksonWhite<\/span><\/h2>
Both guardianship and conservatorship proceedings can be highly complicated and should never be undertaken without first speaking with an experienced Chandler guardianship and conservatorship attorney.<\/p>