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.
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 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.
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.
Resources:
- Maricopa County Superior Court, Probate and Mental Health Department, link.