{"id":126,"date":"2019-03-28T17:23:05","date_gmt":"2019-03-28T17:23:05","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/guardianships-conservatorships\/?p=126"},"modified":"2024-07-31T17:20:05","modified_gmt":"2024-07-31T17:20:05","slug":"how-do-i-get-guardianship-of-my-father","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/guardianships-conservatorships\/blog\/how-do-i-get-guardianship-of-my-father\/","title":{"rendered":"How Do I Get Guardianship of My Father in Arizona?"},"content":{"rendered":"

When a parent loses the capacity to handle important aspects of their healthcare, finances, or living situation, it\u2019s often necessary for someone to step in and provide assistance. If the parent previously prepared a durable power of attorney<\/a>, then the attorney-in-fact listed in the agreement already has everything they need to step in and begin making decisions on their parent\u2019s behalf. If there isn\u2019t a power of attorney, then the would-be caretaker will need to petition the court for guardianship<\/a>.<\/p>\n

What is Guardianship?<\/h2>\n

In a guardianship, the court appoints an individual or entity to provide care and make personal decisions for a minor or incapacitated adult. The subject of the guardianship is referred to as the ward, and the caretaker is referred to as the guardian.<\/p>\n

When it comes to guardianships for elderly or incapacitated adults, the ward must be unable to communicate or make reasonable decisions for themselves to protect their own welfare. This may be the result of decreased mental cognition due to age, mental disease such as dementia or Alzheimer\u2019s, a physical condition, disability, or even addiction (alcoholism, drug addiction, etc.). The ward may be fully incapacitated (e.g. in a coma) in need of complete assistance, or partially incapacitated and in need of only limited assistance.<\/p>\n

Guardianships can be general or limited in scope. With a general guardianship, the guardian will often have full decision-making authority over all aspects of the ward\u2019s life and healthcare. That includes their living situation, transportation, feeding, clothing, social life, and medical treatment. In a limited guardianship, the judge will determine which affairs the ward needs assistance with versus which affairs they can still handle independently. The judge will then limit the guardian\u2019s authority to only the areas where the ward needs direct assistance.<\/p>\n

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

Any competent individual or entity (such as a private fiduciary or public agency) may serve as guardian to an incapacitated adult, though the responsibility often goes to an immediate family member. The court can also appoint the public fiduciary for the county to act as guardian to an incapacitated adult.<\/p>\n

The law provides a list of priorities for appointment, though the judge over the guardianship case has the ability to appoint someone with a lower priority when the appointment is in the best interests of the ward. The state of Arizona offers the following list of priority:<\/p>\n

    \n
  1. An individual who is already appointed guardian in another county or state<\/li>\n
  2. An individual nominated by the ward<\/li>\n
  3. An individual nominated by the ward\u2019s power of attorney<\/li>\n
  4. The ward\u2019s spouse<\/li>\n
  5. An adult child of the ward<\/li>\n
  6. A parent of the ward<\/li>\n
  7. An individual nominated in the ward\u2019s last will and testament or living will<\/li>\n
  8. Any relative with whom the ward has lived for at least six months<\/li>\n<\/ol>\n

    Before an individual or entity is appointed as a guardian, they will need to provide background information to the court, including any felony history and any prior times they have acted as a guardian for someone. If there are multiple petitions for guardianship, the judge will assess who has priority and will consider who is best qualified to serve as the ward\u2019s guardian.<\/p>\n

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

    Guardianship offers a level of authority and responsibility that\u2019s similar to that of a parent. Depending on the situation, the ward\u2019s needs, and whether the guardianship is general or limited, a guardian\u2019s duties may include:<\/p>\n