{"id":132,"date":"2019-03-28T17:23:05","date_gmt":"2019-03-28T17:23:05","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/guardianships-conservatorships\/?p=132"},"modified":"2024-08-03T16:35:30","modified_gmt":"2024-08-03T16:35:30","slug":"guardianship-conservatorship-arizona","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/guardianships-conservatorships\/blog\/guardianship-conservatorship-arizona\/","title":{"rendered":"Guardianship and Conservatorship Laws in Arizona"},"content":{"rendered":"

Introduction<\/h2>\n

Guardianship and conservatorship are legal terms that are often used interchangeably. While they both concern the legal authority to care for a minor or an incapacitated adult, there\u2019s actually an important distinction between the two. Guardians<\/a>\u00a0are appointed to make important health and welfare decisions, and conservators<\/a>\u00a0are appointed to handle someone\u2019s assets and financial affairs. In practice, most adults who need to care for a minor or incapacitated adult are appointed guardian and conservator, but it\u2019s not uncommon to see situations where only one type of legal authority is conferred.<\/p>\n

Who Can Be the Subject of a Guardianship or Conservatorship?<\/h2>\n

Guardianships and conservatorships are established to care for minors and incapacitated adults. Defining a minor is self-explanatory, but defining an incapacitated adult involves some interpretation of the law. The state of Arizona offers the following guidelines to help distinguish what qualifies as an incapacitated adult:<\/p>\n

\u201cIncapacitated person\u201d means any person who is impaired by reason of mental illness, mental deficiency, mental disorder, physical illness or disability, chronic use of drugs, chronic intoxication or other cause, except minority, to the extent that he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person (ARS 14-5101<\/a>).<\/p>\n

In guardianship proceedings, the minor or incapacitated adult is referred to as a ward<\/a>. In conservatorship proceedings, the minor or incapacitated adult is referred to as a protected person<\/a>.<\/p>\n

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

Any individual or entity (e.g. a private fiduciary who holds a license and is paid for their services) can serve as a guardian or conservator. If there are no suitable candidates, the court can appoint a public fiduciary (though public fiduciaries generally don\u2019t serve as guardians for minors). In any case, the party petitioning to be conservator or guardian will need to pass a background check.<\/p>\n

If the ward or protected person is a minor, the court will appoint an individual or entity based on the best interests of the minor. When the minor is 14 or older, the minor has the right to nominate who they\u2019d prefer to be their guardian and\/or conservator.<\/p>\n

For incapacitated persons, the court will still consider the best interests of the ward or protected person, but the judge will appoint the guardian or conservator on a priority-basis. Arizona law lists the following priority schedule for appointment:<\/p>\n

    \n
  1. An individual who is already appointed as guardian for the ward or conservator for the protected person in another state<\/li>\n
  2. An adult who is nominated by the ward or protected person (providing the incapacitated person has the capacity to make a rational decision)<\/li>\n
  3. An adult who is nominated in the incapacitated person\u2019s power of attorney<\/li>\n
  4. The incapacitated person\u2019s spouse<\/li>\n
  5. The incapacitated person\u2019s adult child<\/li>\n
  6. The incapacitated person\u2019s parent(s)<\/li>\n
  7. An adult who is nominated in the incapacitated person\u2019s last will and testament<\/li>\n
  8. A relative whom the incapacitated person has lived with for more than 6 months<\/li>\n<\/ol>\n

    What are a Guardian\u2019s Responsibilities?<\/h2>\n

    A guardian\u2019s powers can be limited or general. Limited guardianships are given authority over specific things such as making important medical decisions or providing living arrangements. General guardianships are essentially offered the same rights, duties, and powers as someone\u2019s parent (ARS 14-5312<\/a>). General guardians do not, however, have the authority to place a ward in an in-patient mental health care facility. To do that, the guardian would need to request and receive special permission from the court.<\/p>\n

    What are a Conservator\u2019s Responsibilities?<\/h2>\n

    Conservators, like trustees, have the responsibilities of a fiduciary\u2014they are responsible for managing someone else\u2019s property with the same standard of care that a prudent person would apply to their own property. Conservators are required to consider the income needs and risk tolerance of the protected person and manage their assets accordingly. Conservators are also asked to keep detailed records of their activities and the protected person\u2019s financial affairs.<\/p>\n

    As with a guardianship, conservatorships can be limited, general, or even confined to a single transaction. Based on the situation, a conservator can have any of the following responsibilities:<\/p>\n