{"id":370,"date":"2021-01-28T22:22:17","date_gmt":"2021-01-28T22:22:17","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/guardianships-conservatorships\/?p=370"},"modified":"2024-07-31T17:19:58","modified_gmt":"2024-07-31T17:19:58","slug":"become-court-appointed-guardian-for-elderly-arizona","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/guardianships-conservatorships\/blog\/become-court-appointed-guardian-for-elderly-arizona\/","title":{"rendered":"Becoming a Court-Appointed Guardian in Arizona"},"content":{"rendered":"

Introduction<\/h2>\n

Caring for struggling loved ones can be challenging. In some cases, deteriorating health can result in impairments and disabilities that affect an individual\u2019s capacity for decision-making. Some adults who suffer from diminished mental capacity may be unable to make choices about their general wellbeing or healthcare needs without assistance. Guardianship is a means for you to help your loved ones when faced with these kinds of difficult circumstances.<\/p>\n

What Is a Court-Appointed Guardian?<\/h2>\n

In Arizona, guardianship is a protective proceeding through which the Superior Court may appoint a Guardian to care for an incapacitated adult, also known as a ward. A guardian is given the authority to make decisions on behalf of the ward. Guardians typically help wards with healthcare and placement decisions while conservators<\/u> help with financial decisions. Additionally, a guardian can help the ward with issues related to daily living.<\/p>\n

It\u2019s important to note that a guardian should act in the best interest of the ward, rather than in their own interest. A guardian should strive to meet the ward\u2019s needs in the least restrictive way possible.<\/p>\n

Sometimes, getting a court-appointed guardian is not necessary. If your loved one has signed Power of Attorney<\/u> documents, you may not need to move forward with guardianship. If you are unsure whether or not your loved one needs guardianship, schedule a consultation<\/u> with one of our attorneys to see how the law applies to your situation.<\/p>\n

What Counts as Incapacitated?<\/h2>\n

The question \u201cwhat counts as incapacity?\u201d is often a central element to Guardianship proceedings. Arizona State law<\/u> defines an incapacitated person as \u201cany person who is impaired\u2026\u201d due to diminished physical or mental ability \u201cto the extent that he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person.\u201d Incapacity is a part-legal and part-medical determination made by a judge.<\/p>\n

Who can Petition the Court to Appoint a Guardian in Arizona?<\/h2>\n

The Court often appoints family or friends as guardians, but individuals can also petition the Court to appoint a licensed fiduciary<\/u>. Determining what arrangement will be best for your loved one can be difficult. Scheduling<\/u> a call with one of our attorneys can help you get the information you need so that you can make the choice that best benefits your loved one.<\/p>\n

Indicators Your Loved One May Need Guardianship<\/h2>\n

Your loved one may need a guardian if:<\/p>\n