{"id":103,"date":"2019-03-28T17:23:04","date_gmt":"2019-03-28T17:23:04","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/guardianships-conservatorships\/?p=103"},"modified":"2023-06-12T18:52:46","modified_gmt":"2023-06-12T18:52:46","slug":"applying-for-guardianship-of-parent","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/guardianships-conservatorships\/blog\/applying-for-guardianship-of-parent\/","title":{"rendered":"Applying For Guardianship of a Parent in Arizona"},"content":{"rendered":"

What is Guardianship?<\/h2>\n

Guardianship<\/a>\u00a0is a legal appointment that authorizes someone to assist with the personal, medical, and financial affairs of an individual who is incapacitated<\/a>\u00a0or otherwise unable to care for themselves. The most common guardianship situations involve minor children, adults with disabilities, or adults who have lost the ability to care for themselves. For the purpose of this conversation, we\u2019ll refer to the incapacitated person as the parent.<\/p>\n

Who Can be Appointed as a Guardian?<\/h2>\n

Anyone can serve as a court-appointed guardian, though most states give preference to a spouse, adult child, parent, or sibling. A judge will determine who is fit and qualified to serve as guardian. If the judge is unable to find a family member who is qualified, willing, and able to serve as guardian, the court can appoint a professional or public guardian.<\/p>\n

Applying for Guardianship of a Parent<\/h2>\n

The process begins by submitting a guardianship petition to the county court. The individual applying for guardianship is referred to as the petitioner. When the proceedings are opened and a hearing is scheduled, the petitioner will need to serve notice to the parent, other family members, and applicable agencies. The petitioner will also need to file proof of service with the court.<\/p>\n

As the subject of the guardianship stands to lose some of their essential human rights, they have the right to an attorney. If they cannot afford an attorney, a public attorney will be appointed for them.<\/p>\n

During the guardianship hearing, the judge will attempt to determine if the parent is mentally incompetent, and if the petitioner is the best-qualified person for the job. Proving incapacitation is fairly simple with a doctors\u2019 certificate or psychologist\u2019s assessment, but the judge will probably still ask the parent a few questions to gauge their understanding of everything. The judge will also ask the parent if they have any preference as to who should be their guardian, and they will consult the parent\u2019s will, power of attorney, or advance healthcare directive if possible.<\/p>\n

Before appointing the petitioner to be the guardian, the judge will typically want to see a care plan, and ideally some sort of assurance that the petitioner will do a good job. A proven history of successfully assisting the ward is helpful. The court will also look for red flags such as a criminal record, inappropriate use of the parent\u2019s assets, and in some cases evidence of severe financial difficulty such as a recent bankruptcy or judgement.<\/p>\n

How Long Does it Take to Get Guardianship?<\/h2>\n

The length of guardianship proceedings vary case to case. If nobody contests the guardianship or the petitioner\u2019s appointment, it may only take 1 \u2013 2 months. If there are complications, it could take 3 \u2013 4 months.<\/p>\n

What Happens If There are Multiple Petitioners for Guardianship?<\/h2>\n

If there are multiple family members petitioning for guardianship, the judge will evaluate the candidates and select the individual who is best qualified for the position.<\/p>\n

What Can a Guardian Do?<\/h2>\n

A court-appointed guardian has wide-reaching authority, and will be tasked with the following responsibilities:<\/p>\n