When a loved one can no longer make safe decisions about their personal care, you might feel overwhelmed. You want to protect them, but you also want to respect their independence and dignity. In Arizona, guardianship provides a legal way to support and protect adults who cannot fully care for themselves.
At Theut Scaringelli & Kupiszewski P.L.C., we are well-known in the legal community for our extensive experience with Arizona guardianship matters. We guide families with compassion, professionalism, and honesty. Contact us to learn how to get guardianship of an adult so your family member can get the care they deserve.
What Is Guardianship?
A guardian is a person appointed by the court to make personal and medical decisions for an adult who cannot safely make them alone (a ward). Guardianship often includes decisions about an incapacitated adult’s:
- Medical treatment,
- Housing and daily living arrangements,
- Education or training opportunities, and
- Basic needs such as food and clothing.
A guardianship is not the same as a conservatorship. A conservator manages money and property, while a guardian focuses on personal care and well-being.
Who Can Serve as a Guardian?
Guardianship is a major undertaking that requires diligence, sensitivity, and attention to detail. When looking for someone to be a guardian of those near and dear to you, you want an individual who can strike the right balance between handling life tasks for your loved one and maintaining their dignity and as much of their agency as possible.
Any adult can be a person’s guardian as long as they are qualified to take on the role. If the ward can make a decision, the court gives high priority to their preference for who should be their guardian. Arizona courts also look to close family members to fulfill the role, including:
- Spouses,
- Adult children,
- Parents, and
- Any family member with whom the incapacitated adult has lived for at least six months.
An organization can also be an adult’s guardian. For example, the Department of Veterans’ Services can be the guardian for incapacitated adults who are veterans or veterans’ spouses.
When choosing guardians, the court considers a potential guardian’s:
- Relationship to the incapacitated adult,
- Criminal history,
- Possible conflicts of interest,
- Ability to act responsibly, and
- History with other guardianship or conservatorship roles.
A primary standard in choosing a guardian is the best interest of the adult who needs protection. Once you identify a potential guardian, there are some basic steps you need to take to obtain the guardianship.
How to Get Guardianship of an Adult in Arizona
If you are wondering how to get legal guardianship of an adult, the following are key steps in the process.
1. File a Petition
You must file a petition in the Superior Court in the county where the incapacitated adult lives. The petition includes:
- Background information about the incapacitated adult,
- Information about any conservator the incapacitated adult has,
- An explanation of why guardianship is necessary,
- An explanation of what type of guardianship authority you are requesting, and
- Information about your priority for appointment as a guardian.
After filing your petition, the court sets a hearing date, and you must inform all important parties.
2. Notify Family and Interested Parties
Arizona law requires guardianship petitioners to notify the following people about the hearing:
- The incapacitated adult;
- The parents, spouse, and children of the incapacitated adult;
- Any current guardian or conservator who has custody of the incapacitated adult;
- The incapacitated adult’s closest relatives (if you cannot find parents, children, or a spouse); and
- Anyone who filed a demand for notice.
You must give notice at least 14 days before the hearing. Depending on the circumstances, you may have to personally deliver or mail the notice to each party. If you cannot find an interested party, you may have the option to publish it. At or before the hearing, you must file proof that you gave notice.
3. Obtain a Medical or Psychological Evaluation
A qualified healthcare professional must provide evidence that your loved one cannot manage personal decisions safely. The court may order an evaluation from the incapacitated adult’s current provider or appoint a new professional to examine them.
4. Wait for a Court Investigator Review
Arizona courts appoint investigators to help determine the need for a guardianship. A court investigator may meet with your loved one, interview you, and submit a report to the judge.
5. Submit to a Background Check
The court investigates guardianship matters extensively. A judge may require you or any potential guardian to submit fingerprints for a criminal background check before appointing a guardian.
6. Attend the Court Hearing
At the hearing, the judge reviews the evidence and testimony. If guardianship is in the best interest of your loved one and the least restrictive option for their care, the court issues an order appointing a guardian.
We Can Help You Protect Your Family
Are you unsure how to get guardianship of an adult, or if one is necessary? The first step to making the best legal decisions for a loved one is a conversation with an experienced attorney.
At Theut Scaringelli & Kupiszewski P.L.C., we have several decades of experience and are honored to serve families across Arizona. We know the Arizona court system and are well-known as effective advocates in the legal community.
Let us help you protect your loved one’s dignity, safety, and well-being. Contact us online or by phone today to schedule a consultation with one of our guardianship attorneys.
