child custody

A Primer on Arizona Guardianship Laws and How They Affect You

(Last Updated On: August 10, 2014)

Facts about Arizona Guardianship Laws

Arizona Guardianship is court appointment to provide care and make personal decisions for a minor or incapacitated adult. The person for whom a guardian is appointed is unable to make decisions for him or herself because of a mental or physical condition, or because he or she is a minor.

This person is referred to as a ward.


Who May Serve as a Guardian?

Either an individual or private entity with a guardianship license can serve as guardian to a minor or incapacitated adult.

Usually, a public fiduciary can’t act as guardian for a minor. In cases involving a minor, the court will usually appoint a guardian who will serve the best interests of the child.

A minor ward 14 years or older can nominate a guardian him or herself. However, if someone is already appointed as guardian in a different county or state, then he or she will have the highest priority.

Before someone can become guardian, he or she must provide background information to the court, including felony history or prior guardianship history.


How is a Guardian Appointed?

Sometimes a guardian is appointed in a will. Other times, an interested person files a petition with the court for the appointment.

Someone interested in appointing him or herself can find the necessary forms online on the Arizona court website.

In cases involving a minor, no attorney is appointed for the minor and the minor’s parents must consent to the guardianship appointment.


What are the Guardians Duties?

Guardians have powers and responsibilities that mimic those of an adult.

For example, the guardian can make decisions related to living arrangements, education, and social activities.

However, the guardian is required to make decisions that are always in the best interests of the ward.

Posted in Arizona, Phoenix, Tucson.