Can you file for guardianship without a lawyer? In short, yes, but it is rarely wise to try. Arizona law allows individuals to ask the court for guardianship without legal representation, but the process is legally complex, requires detailed evidence, and involves strict rules and deadlines. Understanding what you might have to confront is key to understanding why hiring a lawyer is wise. Without legal representation, families often run into delays, rejection, or disputes that they could have avoided.
Because guardianship touches on some of the most sensitive legal and family issues, it is important to work with attorneys who know this system inside and out and can anticipate challenges before they arise. At Theut Scaringelli & Kupiszewski, we understand that guardianship cases are deeply personal and often arise during times of crisis.
Our firm has focused exclusively on probate, trust, and guardianship law for decades, and we have built a reputation in the Maricopa County Probate Court. We have handled highly contested and closely watched guardianship and conservatorship disputes in Arizona, including matters involving large estates and vulnerable adults who face serious risks of exploitation. When our firm takes on a case, we bring clarity and order to what is often a confusing and emotional process.
What Is Guardianship?
A guardianship is a legal arrangement where a court appoints someone to make important decisions for a protected person who cannot make those decisions independently. Depending on the court’s order, the guardian may have the authority to, for example, decide on the protected person’s:
- Personal care,
- Medical treatment, and
- Living arrangements.
Guardianships protect vulnerable individuals while ensuring that someone trustworthy has the legal authority to act in their best interest.
Qualifying for a Guardianship
To establish that someone qualifies for a guardianship in Arizona, you must:
- Prove that the proposed protected person is incapacitated, typically through medical or psychological evaluations that show the person cannot make safe or informed decisions on their own;
- Show that guardianship serves the person’s best interests and is the least restrictive option to meet their needs;
- Address why alternatives, such as a power of attorney, cannot meet the person’s needs; and
- Demonstrate that the proposed guardian is suitable and can act responsibly, in good faith, and without conflicts of interest.
The person who applies to establish a guardianship has the burden of proving it is necessary. In other words, they are responsible for convincing the judge.
Because the law presumes adults can make their own decisions and a guardianship places significant limitations on a person’s rights, judges only create guardianships when convinced by “clear and convincing evidence” that they are necessary. The applicant must offer more convincing evidence than in a typical civil (non-criminal) case, where the standard is more likely than not, but less than in a criminal case, where the standard is beyond a reasonable doubt.
Consider what is at stake for the protected party: Guardianship removes a person’s fundamental rights to make their own decisions. Judges take these cases very seriously.
The Guardianship Process in Arizona
To become someone’s guardian in Arizona, you must:
- File a formal written guardianship request with the court, including medical documentation and explaining why you are requesting a guardianship;
- Notify family members and other interested parties about the court case;
- Attend a hearing where the judge reviews evidence, hears testimony, and decides whether guardianship is necessary; and
- If the judge grants guardianship, follow reporting requirements, including filing annual updates with the court on the person’s condition and care.
During the process, the judge may appoint a physician, psychologist, or investigator to review the claim that the person needs a guardian. In some cases, the court also appoints an attorney to represent the proposed protected person separately.
Can You File for Legal Guardianship Without a Lawyer?
So, can you file for legal guardianship without a lawyer? Technically, yes, but the process demands strict compliance with deadlines, knowledge of Arizona law, and extensive documentation. Representing yourself in guardianship court carries risks like:
- Filing incomplete or incorrect paperwork,
- Not providing required medical evaluations,
- Missing deadlines or failing to notify required parties,
- Objections from other family members, and
- Leaving the guardianship vulnerable to later challenges or appeals that could overturn it.
These problems often cause delays, denial of guardianship, or even the loss of guardianship after the court initially approves it.
Do I Need a Lawyer for Guardianship?
While possible, the risks of filing for guardianship without a lawyer usually outweigh the benefits. A seasoned guardianship attorney can guide you through the process, protect your loved one, and help secure the court’s approval with minimal stress.
Theut Scaringelli & Kupiszewski has earned the trust of Arizona probate courts for decades. Our practice focuses on guardianship, trust, and probate litigation, and we regularly handle the most complex guardianship cases in the state. When you retain our firm, you know your filings will be accurate, your case will be thoroughly prepared, and your loved one’s rights will remain protected. Contact us today to schedule a consultation.
