Watching a loved one, whether an aging parent or an adult child with a disability, lose the ability to make responsible decisions for themselves is a deeply painful experience. You may feel a mix of grief, anxiety, and helplessness as you witness their struggle. This challenge often brings a wave of overwhelming questions:
- How can I protect them?
- How can I manage their medical care and personal affairs when they can no longer do so?
- How do I navigate a complex legal system to get help?.
In Arizona, the legal solution for this situation is often to establish guardianship of an adult. We understand that this is a difficult path to consider, and our goal is to bring order to the chaos and provide a clear way forward.
What Is an Incapacitated Adult in Arizona?
Before a court can appoint a guardian, it must determine that the adult is an incapacitated person. Under Arizona law, this is an individual who is impaired by a condition such as mental illness, developmental disability, or physical illness to the extent that they cannot make or communicate responsible decisions about their own care.
Understanding the Types of Guardianship for Adults
Not every situation requires the same level of intervention. The court seeks the least restrictive arrangement possible to protect the individual while preserving their independence. A guardianship attorney can help you understand which types of guardianship for adults are most appropriate for your loved one’s circumstances, including:
- General guardianship. This grants the guardian comprehensive authority to make all decisions on behalf of the incapacitated person, similar to a parent’s authority over a minor child. It’s appropriate when the individual cannot manage their own affairs.
- Limited guardianship. If an individual can still make some, but not all, decisions, the court may appoint a limited guardian. The court order will specify the guardian’s exact powers, leaving the individual to manage the rest of their affairs.
- Temporary guardianship. When a situation requires immediate action, the court can appoint a guardian temporarily for a specific purpose and a period of no more than six months.
Choosing the correct type of guardianship is crucial for protecting your loved one while respecting their remaining abilities.
The Process of Appointing a Guardian
Obtaining guardianship is a formal court process designed to protect the rights of the person alleged to be incapacitated. The process generally involves these steps:
- Filing a petition. The Superior Court in the county where the individual resides will oversee their case.
- Court appointments. The court will appoint an attorney, investigator, and medical professional to examine and report on the person’s condition.
- Hearing. A judge reviews all the evidence, including reports from court-appointed professionals, and listens to the testimony of interested persons.
- Court order. If the court finds that the person is incapacitated and a guardianship is necessary, it will issue an order appointing a guardian and specifying their powers.
This process ensures that an individual’s rights are not taken away without due process and careful consideration.
What About an Emergency Guardianship of an Adult?
Sometimes, a crisis demands immediate intervention to prevent substantial harm. Arizona law allows for an emergency guardianship of an adult if waiting for a standard hearing would result in immediate and irreparable injury, loss, or damage. This is a powerful tool reserved for true emergencies, and the court will schedule a hearing shortly after to review the matter. Pursuing this avenue requires a swift and precise legal approach to demonstrate the urgency to the court.
Legal Guardianship for Adults with Disabilities
Planning for the future is essential for parents of children with significant developmental disabilities. As a child with a disability approaches their 18th birthday, they legally become adults with the right to make their own decisions. If their condition prevents them from doing so, establishing a legal guardianship for adults with disabilities may be necessary.
A guardianship can help families continue providing care and making critical decisions about their loved one’s health, housing, and well-being. This process allows parents or other trusted individuals to maintain the legal authority needed to protect their vulnerable adult child.
Why Choose Theut Scaringelli & Kupiszewski P.L.C.
When you are facing a family crisis that requires legal action, you need more than just any lawyer; you need a seasoned litigator who understands the intricacies of Arizona’s probate court system. The attorneys at Theut Scaringelli & Kupiszewski P.L.C. focus exclusively on this complex area of law. We have experience handling some of the most significant probate matters in Arizona history, and our firm’s name is synonymous with credibility within the probate court.
Let Us Help You Bring Order to the Chaos Today
Feeling overwhelmed is natural, but you don’t have to handle it alone. We have the experience to navigate the system and articulate your case to the court with the precision it requires. Contact Theut Scaringelli & Kupiszewski P.L.C. today to discuss your situation and learn how we can help you confidently move forward.
