{"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":"2022-07-11T20:21:23","modified_gmt":"2022-07-11T20:21:23","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":"
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 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 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>\nWho Can Be the Subject of a Guardianship or Conservatorship?<\/h2>\n
Who Can be Appointed as a Guardian or Conservator?<\/h2>\n
\n
What are a Guardian\u2019s Responsibilities?<\/h2>\n