Guardianship vs. Conservatorship: What Is the Difference?

While often discussed together, guardianships and conservatorships serve two distinct purposes in Arizona. Here is a simple breakdown of their core functions:

• Guardianship. This legal tool focuses on a person’s well-being. A court grants a guardian the authority to make decisions about personal matters, such as healthcare, housing, and daily care, for an individual deemed incapacitated. A guardian is like a parent to a child.
• Conservatorship. This centers on a person’s financial life. A conservator is appointed to manage a protected person’s assets, property, and finances, with a strict duty to act in their best interests.

In many cases, a person may be unable to manage both their personal and financial affairs, necessitating the court’s appointment of someone to serve as both guardian and conservator.

How a Guardianship Lawyer Helps Protect Your Loved One

Establishing a guardianship requires a thorough review to verify that it is the right and necessary step. A guardianship lawyer is invaluable in navigating these procedural requirements correctly, helping to present a clear case that demonstrates the need for a guardian to ensure the person’s safety.

As your lawyer for guardianship, we can manage every step of the legal process, which typically includes:

• Filing a detailed petition with the court outlining why a guardianship is necessary;
• Properly notifying all interested parties, including the person in question and their close relatives;
• Coordinating with the court-appointed attorney representing the allegedly incapacitated person’s interests; and
• Preparing you for the court hearing, where evidence, including medical reports, will be presented to a judge.

Handling these steps with precision is vital for a successful petition. Our firm works to meet every requirement, allowing you to focus on your loved one’s well-being.

When Is an Adult Guardianship Attorney Necessary?

Families will seek an adult guardianship attorney when an adult can no longer make or communicate safe decisions about their person. This legal status of incapacity can result from a variety of conditions, such as dementia, a traumatic brain injury, or a significant developmental disability.

Under Arizona law, the court must find that less restrictive alternatives cannot meet the person’s needs before appointing a guardian. This is a high standard, and our role is to assist you in gathering the necessary medical evidence and testimony to support your petition. If you are appointed, we can help you understand your ongoing duties, which include making decisions about your loved one’s living arrangements, medical care, and daily needs, while promoting their independence as much as possible. 

The Role of a Child Guardianship Lawyer

While many guardianships are for adults, a child guardianship lawyer can assist when a minor needs a legal guardian. This situation is different from adoption and typically arises when a child’s parents are unable to provide care due to death, incarceration, illness, or abandonment.

A court may appoint a guardian for a minor if it finds the appointment is in the child’s best interest. The guardian assumes the legal responsibilities of a parent, making decisions about the child’s education, healthcare, and general welfare until the child reaches adulthood or termination of the guardianship. We can help you petition the court to become a guardian for a minor in your life, ensuring their stability and well-being during a difficult time.

Securing Assets with a Conservatorship Lawyer

When people can no longer manage their financial affairs, their assets become vulnerable to mismanagement, fraud, and exploitation. A conservatorship lawyer can help establish a protective proceeding to safeguard their property and finances. Finding the right legal partner is crucial if you are seeking a lawyer to handle a conservatorship.

A conservator has a fiduciary duty to act with the utmost integrity. Their responsibilities are significant and include: 

• Creating a detailed inventory of all the protected person’s assets;
• Developing a budget and managing income and expenses;
• Paying bills, managing investments, and protecting property; and
• Filing an annual accounting with the court for review and approval.

These responsibilities are not just tasks but legal duties that carry significant weight. Our firm provides ongoing support to conservators, helping you fulfill these obligations correctly and protect your loved one from financial harm.

Guiding You with Experience and Personal Attention

At Theut Scaringelli & Kupiszewski, we’ve built our approach on providing superior, personalized representation. We are strategic problem-solvers dedicated to finding the right solution for your family’s unique situation. Founding partner Paul Theut has over 40 years of legal experience, and our entire team is committed to providing you with direct access to that wealth of knowledge. 

In sensitive family matters, our focus is on being trusted advisors who can guide you with a steady hand. We combine our extensive estate planning and administration background to help you establish a protective structure that truly serves your loved one’s best interests.

Speak with a Scottsdale Guardianship and Conservatorship Attorney Today

You do not have to navigate this journey alone. Deciding to protect a family member is a courageous choice, and having the right legal support is essential. A Scottsdale guardianship and conservatorship attorney at Theut Scaringelli & Kupiszewski, P.L.C. is here to provide the clear, compassionate guidance you need. Contact us today to schedule a consultation and take the first step toward securing your loved one’s future.