Arizona Guardianship FAQs
What Does a Guardian do once Guardianship is granted?
A guardian is responsible for taking care of the personal affairs and needs of the person they have guardianship over.
• A guardian can make care decisions, including where a person lives.
• A guardian can give consent for medical decisions as well as other services, including legal services.
• A guardian can stand in for legal proceedings a person is involved in.
• For minors generally, the guardian must provide means to education, support, care, healthcare, and is responsible for the wellbeing of the person under guardianship.
• If there are assets or income that must be handles, a guardian will also have to petition the court for conservatorship unless someone else is filling that role. If one person is conservator and another is guardian, they must work together in the best interest of the person they are overseeing.
Who can Become a Guardian?
Any capable adult can theoretically become a guardian. At a court hearing, a judge decides if the person seeking guardianship over another person is fit to be the guardian. If multiple people are seeking guardianship, the judge will decide which person is best suited to take on the role of guardian. For people seeking guardianship over someone who is incapacitated, if any legal documents were in place before the person became incapacitated, those documents will play a role in the judge’s decision. Legal documents that a judge will consider could include a will, medical and/or financial power of attorney, a living will, or an advance directive. If a guardianship is contested, the preference may be given to the family member or spouse.
What is the Difference Between Guardianship and Conservatorship?
Often, these two go hand in hand and the roles can even be filled by the same person. Sometimes, however, a court will appoint one person to be the guardian and one person to be conservator. Essentially, the role of guardian is to determine where a person lives, what type of medical care they receive, and how best to meet the person’s daily needs. On the flip side, a conservator is responsible for handling a person’s financial needs. This includes bill paying, all financial decisions, budgeting, and access/control of the person’s financial accounts. Having a conservatorship in place can be especially helpful when applying to Long Term Care Medicaid.
What is an Emergency Guardianship?
In Arizona, an emergency guardianship is a temporary guardianship that can be obtained if your loved one needs to move somewhere immediately due to imminent danger, if they are being financially exploited, or if they are completely unable to make decisions on their own due to a recent health crisis and they have no health or estate plan in place. Once the initial emergency has passed and there is time to schedule a hearing, the judge will expect you to come back to court to establish permanent guardianship.
What is the Difference Between Guardianship and Adoption?
For children specifically, a guardianship of a minor gives the guardian certain legal powers pertaining to the child. The guardianship does not, however, cut the legal relationship that exists between biological parents and the child. This means that a parent is still expected to pay child support if the court has previously mandated they pay child support. A guardianship gives power to oversee a child’s daily life while still maintaining the legal obligations between biological parents and the child. This includes choosing where a child goes to school, providing medical care, deciding on residence, and providing support for the child outside of child support if applicable. A biological parent can petition the court to terminate a guardianship at any time.
Conversely, an adoption supersedes the role of the biological parent and removes all legal ties to the parents. Adoption is permanent regarding custody. Adopting a child stops child support payments and negates automatic inheritance from the biological parent.