{"id":22,"date":"2019-03-28T17:23:05","date_gmt":"2019-03-28T17:23:05","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/guardianships-conservatorships\/?p=22"},"modified":"2023-06-07T19:16:30","modified_gmt":"2023-06-07T19:16:30","slug":"what-constitutes-emergency-guardianship","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/guardianships-conservatorships\/blog\/what-constitutes-emergency-guardianship\/","title":{"rendered":"What Constitutes an Emergency Guardianship in Arizona?"},"content":{"rendered":"
When a probate judge issues a guardianship<\/a>\u00a0order, the court appoints a caretaker to handle the personal affairs, healthcare decisions, and\/or financial affairs of an incapacitated person (known as a ward<\/a>\u00a0in guardianship proceedings). A guardianship agreement is intended to remain in effect until the ward no longer needs a guardian. Due to the agreement\u2019s permanency and the significance of taking away an adult\u2019s ability to make their own decisions, guardianship proceedings can take several months to complete.<\/p>\n That said, lawmakers understand that there are emergency situations that may require the immediate appointment of a guardian. In these situations, it would be impractical and potentially life-threating to wait several months for a guardian to be appointed. To account for these contingencies, Arizona law allows the court to appoint a temporary guardian<\/a>to handle the ward\u2019s affairs until a permanent guardian can be appointed.<\/p>\n While the laws governing an emergency guardianship vary from state to state, the criteria for determining the necessity of an emergency guardianship are fairly universal. Generally speaking, the judge will need to see evidence of the following:<\/p>\n Alternatively, the court can appoint a temporary guardian if the ward\u2019s current guardian passes away, resigns, or is removed by the court. The temporary guardian will be charged with managing the ward\u2019s affairs until a new, permanent guardian can be formally appointed.<\/p>\n If you have a family member or friend who has lost their mental capacity and requires immediate intervention, here\u2019s how to go about the process of appointing an emergency guardian:<\/p>\n Keep in mind that during this process you\u2019ll need to keep the wheels moving towards a permanent guardianship. That involves scheduling another guardianship hearing, serving a notice of hearing to all interested parties (namely the ward\u2019s family members), paying for a court investigator to evaluate the ward, and attending the guardianship hearing.<\/p>\n In any guardianship (not just temporary ones), the court can issue authority over the person, the estate or both. A guardian of the person typically has control over the ward\u2019s healthcare and living arrangements, while a guardian of the estate has control over the ward\u2019s assets. If the ward is significantly incapacitated, the guardian is usually issued authority over both the person and the estate.<\/p>\nRequirements for an Emergency Guardianship<\/h2>\n
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How to Initiate an Emergency Guardianship<\/h2>\n
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Responsibilities of an Emergency Guardian<\/h2>\n