Guardianships & Conservatorships

Generally, a guardianship is appointed because the ward cannot make or communicate reasonable decisions for themselves due to mental or physical incapacity, or because the ward is a minor. A guardian handles personal and medical decision-making for the ward. Typically, this includes decisions about living arrangements, social activities, and medical or other professional advice, care, and treatment.

An individual or entity can serve as a guardian of a minor or of an incapacitated adult. Arizona law gives priority for individual guardianship appointments based on the best interests of the ward. Typically guardians are:

• adults nominated by the ward (if the court believes the ward has the capacity to make an intelligent choice)
• a person nominated in the ward’s power of attorney
• the ward’s spouse
• an adult child of the ward
• a parent of the ward
• a person nominated in a will
• a relative whom the ward has lived with for more than 6 months

In Arizona, a guardianship may cover all health care except treatment inside an inpatient psychiatric facility licensed by the department of health services. In order for the guardian to consent to admission to a psychiatric hospital, and make decisions about care when the ward is inside the psychiatric hospital, the guardian must have “mental health powers.” This is also called a mental health guardianship, or a Title 14+ guardianship. To acquire mental health powers, the petitioner must make an extra showing to the court, which must be supported by an Arizona psychiatrist or psychologist.

If named in a guardianship petition, an adult ward must be represented by an attorney. The court will appoint a court investigator and a physician who interview the potential ward and submit reports to the court before the hearing date. The potential ward is entitled to go to the hearing. If a minor is named in a guardianship petition, no attorney or physician are appointed for the minor and the minor’s parents must consent to the appointment of a guardian. The guardian is expected to make decisions that are in the best interests of the  ward and ensure that the ward is living in the least restrictive and safest environment possible. A guardian must submit annually a written report to the court with information on the living condition sand health of the ward and a current physicians report. 

An individual or entity can serve as a guardian of a minor or of an incapacitated adult. Arizona law gives priority for individual guardianship appointments based on the best interests of the ward. Typically guardians are:

• individual or entity (like a private fiduciary)
• court can appoint the public fiduciary of the county to act as a conservator for an incapacitated adult or minor

A conservator must keep detailed and accurate financial records of the protected person. A conservator must submit annual reports accurately outlining the accounting and financial details of the protected person’s estate. A conservator has the authority to invest and distribute funds of the estate for the support, care, education or benefit of the protected person. The conservator must also pay from the estate all just claims properly presented against the estate and the protected person.

If a conservator is acting improperly, an interested person may file a petition with the court to implore that the court replace the current conservator or to ask that the court seek more information about the improper actions.

A petition for the appoint of a conservator is filed with the court. This petition may be filed by the person to be protected or by any interested person. The adult to be protected must be represented by an attorney. The adult to be protected may use an attorney with whom the person to be protected has an established professional relationship or an attorney will be appointed by the court. The court must also appoint a physician and court investigator who will interview the adult to be protected and submit a report to the court before the hearing date. The person to be protected is entitled to attend the hearing. For a minor conservatorship, no attorney is appointed for the minor and there is no need for a physician’s report. The minor’s parents can be appointed as conservators.