Families often don’t know what to do when a loved one can’t manage their own life anymore. It might be an elderly parent in a memory care facility in North Phoenix, a relative near Arcadia struggling with money, or an adult child with special needs in Central City. In each situation, the question is the same: How can you step in legally to keep them safe?
In Arizona, you must go through the court before taking over someone else’s personal or financial decisions. Many families look to a guardianship and conservatorship attorney for guidance through this complicated and emotional process. The attorneys at Theut Scaringelli & Kupiszewski P.L.C. help Phoenix families through these steps with compassion and decades of probate court experience.
Key Points: Phoenix Guardianship and Conservatorship Attorney
- A Phoenix guardianship and conservatorship attorney can help you pursue court-appointed protection when a loved one cannot safely manage personal care decisions, medical needs, finances, or property.
- Guardianship typically focuses on health, living arrangements, and day-to-day safety, while conservatorship generally focuses on managing income, bills, assets, and financial recordkeeping under court oversight.
- Many Phoenix families seek help with adult guardianship, minor guardianship, temporary or emergency guardianship, and conservatorship planning when urgent safety concerns or financial risks arise.
- Having guidance through the Maricopa County process can reduce preventable delays by keeping filings, notice steps, and hearing preparation organized from the start.
If you are trying to protect a loved one in Phoenix, this page explains common options and what to expect during a guardianship or conservatorship case.
Guardianship vs. Conservatorship in Arizona
Although often mentioned together, guardianships and conservatorships serve different purposes:
- Guardianship. A guardian makes personal decisions for someone who cannot manage their own well-being, such as where they live, what medical care they receive, and how to meet their daily needs.
- Conservatorship. The duties of a conservator include managing a person’s money, property, and assets while acting only in that individual’s best interests.
In some cases, one person may serve as both guardian and conservator if the court determines both types of protection are necessary.
When You May Need a Phoenix Guardianship Lawyer
Families often seek a guardianship attorney when an adult can no longer make safe decisions about their health or daily life. This can happen for many reasons, including:
- Progressive conditions such as dementia or Alzheimer’s disease,
- Severe brain injuries after an accident,
- Developmental disabilities that affect decision-making, or
- Mental health conditions that make it impossible to live safely without support.
A judge must find that no less restrictive alternatives, such as a power of attorney, are enough before granting a guardianship. That means you will need medical evidence and testimony to support your case. A Phoenix guardianship lawyer can guide you through this process and prepare you for the court hearing.
When a Loved One Needs Protection, It Can Feel Overwhelming
If you are searching for a Phoenix guardianship and conservatorship attorney, something important is happening in your family. You may be worried about safety, medical decisions, or finances that are no longer being handled properly. There is a structured legal process designed to protect vulnerable adults and minors, and understanding it can bring clarity during an uncertain time.
When a Conservatorship May Be Necessary
Sometimes the problem is not daily care but finances. Without help, a vulnerable adult may fall victim to scams, mismanagement, or financial exploitation. A conservatorship lawyer can help you establish a legal arrangement to protect your loved one’s money and property.
A conservator’s duties may include:
- Creating an inventory of the protected person’s assets and debts;
- Paying bills and managing income responsibly;
- Protecting real estate, savings, and investments; and
- Filing annual accountings with the court.
These responsibilities are significant, and mistakes can lead to legal consequences. Having legal guidance helps conservators fulfill their duties correctly.
Common Guardianship and Conservatorship Disputes
Not every family agrees on who should serve as guardian or conservator. Disputes often arise in probate court when siblings disagree, a fiduciary stands accused of misusing funds, or questions of undue influence surface.
Some common reasons families may need help from a guardianship and conservatorship attorney in Phoenix, AZ include:
- Concerns that a guardian or conservator is not acting in the protected person’s best interests,
- Disagreements among family members about who should serve as conservator or guardian,
- Lack of communication or financial transparency, and
- Evidence of financial exploitation or self-dealing.
These conflicts can be intensely emotional. With skilled legal support, families can resolve them while keeping the focus on the vulnerable person’s needs.
The Process in Phoenix Probate Court
The Probate and Mental Health Department of the Maricopa County Superior Court handles guardianship and conservatorship cases in Phoenix. The process usually involves:
- Filing a petition with supporting evidence,
- Providing notice to family members and other interested parties,
- Meeting with a court-appointed attorney for the alleged incapacitated person, and
- Attending a hearing where the judge reviews medical evidence and hears testimony.
Families often turn to an attorney for guidance because each step of the process has strict rules and deadlines. Having someone experienced in the local courts makes the process more manageable.
Speak With a Phoenix Guardianship and Conservatorship Attorney
If you are facing difficult decisions for a loved one, you do not have to navigate the court process alone. Understanding whether guardianship, conservatorship, or another option is appropriate can reduce confusion and prevent unnecessary delays. We help families organize the necessary information, prepare for court, and move forward with clarity. The goal is to create a plan that protects the person who needs support while giving you confidence in the next steps.
The first step is a confidential consultation where we can learn more about your situation and outline practical options.
Why Phoenix Families Trust Theut Scaringelli & Kupiszewski
Phoenix families trust Theut Scaringelli & Kupiszewski because our focus is guardianship and conservatorship law. Our attorneys have worked extensively in Arizona probate, trust, and estate law for decades. One of our partners served on the Maricopa County probate bench, giving our firm unique insight into how Phoenix judges evaluate these cases.
We appear daily before the probate court in downtown Phoenix, representing clients in routine guardianship petitions to high-stakes conservatorship disputes involving significant assets. Families across Phoenix turn to us because we combine legal knowledge with compassion. We understand these cases involve not just paperwork, but the care, safety, and dignity of people you love.
If one of your loved ones struggles to manage their affairs and needs help, you don’t have to face the court system alone. A guardianship and conservatorship attorney from Theut Scaringelli & Kupiszewski can guide you through the process, protect your loved one, and give you peace of mind.
Contact us today to schedule a consultation and learn how we can help you take the necessary steps to safeguard your family’s future.
Frequently Asked Questions: Phoenix Guardianship and Conservatorship Attorney
A Phoenix guardianship and conservatorship attorney helps families pursue court-approved protection for someone who cannot safely manage personal care decisions, medical needs, finances, or property. This often includes preparing the petition, organizing supporting information, and guiding you through the Maricopa County court process.
Guardianship typically focuses on personal care decisions like health, living arrangements, and safety. Conservatorship typically focuses on finances and property, such as paying bills, managing income, and safeguarding assets. In some situations, the court may appoint the same person to serve in both roles.
Adult guardianship may be necessary when an incapacitated or vulnerable adult cannot make safe decisions about medical care, living situation, or daily needs, and there is a meaningful risk of harm without court involvement.
A conservatorship may be appropriate when someone cannot manage bills, banking, benefits, or property and is at risk of financial loss or exploitation. Conservators generally need to keep organized records and follow ongoing court oversight requirements.
Most matters involve filing the petition, providing required notice, completing court steps, and attending a hearing. Because the process is detail-heavy, having guidance can help reduce avoidable delays and keep expectations clear from the start.
Yes. Temporary or emergency guardianship may be available when there are urgent safety or medical concerns. These matters can move faster, but they still require clear information showing why immediate court involvement is necessary.
Sometimes, yes. Depending on the situation, other planning tools or voluntary supports may address the need. A Phoenix guardianship and conservatorship attorney can help you evaluate whether a less restrictive approach may fit, or whether formal court appointment is likely necessary.
The protected person is the individual the court is being asked to protect—often an incapacitated adult, vulnerable adult, or sometimes a minor—because they cannot fully manage personal care, finances, or both. The goal is to improve safety and stability while maintaining dignity and appropriate boundaries.
Many matters involve ongoing court oversight. Conservators often need to maintain records and may need to provide periodic financial reporting, while guardians are expected to make responsible care decisions and follow any court requirements that apply.
Family conflict is common in these cases. When relatives disagree or raise concerns about safety or finances, it helps to have a clear plan and organized information to present. Legal guidance can help keep the focus on protecting the person who needs support.
Resources:
- Maricopa County Superior Court, Probate and Mental Health Department, link.