High Desert Family Law Group can help! is professionally trained in the guardianship & conservatorship process. Read on to learn more.
WHAT’S A GUARDIANSHIP IN ARIZONA?
In Arizona, guardianship is a court-ordered supervised legal relationship established for the protection and benefit of another and is typically for children whose parents can no longer care for them, or for persons over eighteen years old who cannot take care of themselves.
WHAT DO GUARDIANSHIP LAWYERS DO?
A guardianship lawyer makes sure that the petitioner has the correct paperwork and fulfills the requirements of the court.
TYPES OF LEGAL GUARDIANSHIPS
LIMITED GUARDIANSHIP
Sometimes the court will say the ward is capable of making some decisions concerning their own care but not other people. In these cases, the court will usually appoint a limited guardian or guardian advocate towards the final process.
CO-GUARDIANSHIP
Co-guardianship is when two guardians safeguard the best interests of the ward. This usually serves as an added protection by making sure neither of the guardians can abuse their powers.
GUARDIAN OF PROPERTY
A guardian of property is primarily concerned with providing or managing adequate monetary assets for care purposes.
GUARDIAN AD LITEM
A guardian ad litem is assigned by the Court to protect and maintain the ward’s interests in any legal matters.
HOW LONG DOES A GUARDIANSHIP LAST?
A guardianship typically lasts until one of these events happen:
- The child turns 18
- The ward becomes deceased
- The ward no longer has assets
- A judge finds that the guardianship is not needed
- The Guardian asks the court to resign
- The ward’s biological parents successfully petition the court to end the guardianship
WHAT’S A CONSERVATORSHIP IN ARIZONA?
Conservatorships are put in place for those who are in comas, with serious illnesses. A conservator of the estate (sometimes called a “guardian of property”, “custodian” or “curator” in some states) is someone who the court-appointed authority and responsibility to manage another adult’s finances. A conservator of the person is assigned the power to make housing and sometimes medical arrangement decisions for another adult.
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WHAT IS THE LEGAL PROCESS FOR OBTAINING A GUARDIANSHIP OR CONSERVATORSHIP?
Consider this when you are petitioning for guardianship or conservatorship in Scottsdale:
- A request for Appointment of Guardian of the Person must be filed in the probate court of the ward’s county of residence.
- Numerous states will require notice of the proceedings to be sent to specific people, relatives or agencies.
- The ward is typically allowed legal representation at the hearing.
- The judge will hear from all involved parties and decide whether to grant a court order establishing the guardianship.
- The court order must be filed with the clerk of courts.
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