When is a Guardianship Necessary?

©Jackson White, P.C. (2015) All Rights Reserved

Presented by Susan B. Court, Esq.

©Jackson White, P.C. (2015) All Rights Reserved

GUARDIANSHIPS, CONSERVATORSHIPS, &

ALTERNATIVES

Who can apply for a Guardianship?

Anyone with an interest in a person’s welfare can petition the court to establish a Guardianship or Conservatorship.

Typically, those petitioning are family members of an individual who has lost the capacity to make important decisions. Sometimes it is a friend, the Public Fiduciary, or a care facility.

AZ Adult Protective Services may be involved in recommending a Guardianship or Conservatorship.

The Process for Obtaining a Guardianship and/or Conservatorship

•Petition before the court

•Petition should include a supporting doctor’s report

•Request an attorney to represent proposed ward

•Court schedules hearing on the matter

•Emergency: 1 day-1 week

•Non-Emergency: 4-6 weeks

•Court investigator interviews family members and friends

•Hearing takes place to consider all relevant Guardianship information including paperwork and testimony

•Court will appoint a Guardian if appropriate or set another hearing to take more testimony, including a doctor if necessary

What is the Difference Between a Guardian and a Conservator?

A Guardian is authorized and appointed by the court to make decisions on behalf of a person.

A Conservator is authorized and appointed by the court to manage a person’s assets.

Who pays for the Guardianship?

The fees for the Guardianship should come from the protected person’s funds.

There are upfront costs for filing fees and retaining an attorney that may need to be paid before the Guardian/Conservator gets access to the person’s funds. Those fees will have to be paid by the Petitioner and then reimbursed from the person’s funds once the GC gets access.

What are the duties of the Guardian and Conservator?

Guardian Conservator

What are the alternatives to the Guardianship/Conservatorship Process?

•Health Care Power of Attorney

•Financial Power of Attorney

•Mental Health Power of Attorney

•Living Will

•DNR

Least Restrictive Environment

The statutory standard for a GC is “least restrictive environment.” This applies to the living situation as well as financial control. The goal is to preserve the dignity of the protected person as much as possible.

©Jackson White, P.C. (2015) All Rights Reserved

Questions?

Susan B. Court

480.464.1111

Scourt@jacksonwhitelaw.com

www.jacksonwhitelaw.com

www.arizonaseniorlaw.com