Sometimes, life brings seasons when families must step in to care for a loved one who cannot care for themselves. If you are in that season, you might have questions about guardianship, conservatorship, and your best options. You deserve a guardianship and conservatorship attorney who combines legal skill with compassion. At Theut Scaringelli & Kupiszewski P.L.C., we have decades of experience providing steady counsel to families facing sensitive transitions.
A Guardianship in Arizona
A guardian is someone the court appoints to make personal decisions for another who cannot make those decisions on their own. These decisions often involve:
- Healthcare,
- Education, and
- Day-to-day living arrangements.
Guardianships in Arizona generally fall into two categories: Guardianship over a minor and guardianship over an adult.
Guardianship over a Minor
A child’s parents may be unable to care for them due to illness, absence, or other circumstances. In those situations, the parents may have named a guardian in their will, or the court may appoint a temporary or permanent guardian. A Paradise Valley guardianship attorney from Theut Scaringelli & Kupiszewski P.L.C. can guide you through petitioning the court, gathering evidence, and demonstrating why guardianship is in the child’s best interests.
Guardianship over an Adult
When an adult becomes incapacitated due to an illness, injury, disability, or substance use issues, they may not be able to make informed decisions about their personal care. In these cases, the court may appoint a guardian.
Arizona law requires clear and convincing evidence that the adult is incapacitated and needs a guardian to handle some or all of their life decisions. The process involves medical evidence, testimony, and a judge’s careful review. A Paradise Valley guardianship lawyer from our firm can help ensure your loved one’s dignity is respected while protecting them from harm. While often one of the most difficult legal decisions a family must face, having the right counsel means you do not have to walk the path alone.
A Conservatorship in Arizona
Courts appoint conservators to manage the financial affairs of individuals who cannot do so themselves. While a guardian makes decisions about a person’s care, a conservator oversees a person’s money, property, and business matters. A conservatorship in Arizona can be established for both minors and incapacitated adults.
A lawyer with experience handling conservatorships can help you demonstrate to the court that a person cannot handle their financial responsibilities. The conservator then has the duty to act prudently, manage resources responsibly, and provide regular reports to the court.
Families often pursue conservatorships to:
- Protect elderly loved ones from financial exploitation;
- Manage assets for minors who have inherited money; or
- Ensure proper handling of bills, taxes, and property when people become incapacitated.
Our lawyers can guide you through these complex requirements with precision and care.
Why Having a Guardianship and Conservatorship Attorney Matters
Guardianship and conservatorship cases require more than just filling out paperwork. The court:
- Carefully examines the circumstances,
- Reviews medical evidence, and
- Considers less restrictive alternatives for your loved one’s care.
Without an experienced attorney, the process can feel confusing, slow, and emotionally draining.
Our role is to:
- Explain the legal process in clear terms,
- Help you gather and present the necessary evidence,
- Help ensure compliance with Arizona statutes, and
- Protect your loved one’s rights while also meeting the court’s requirements.
These are deeply personal matters. You deserve a legal team that treats your family with respect and compassion while offering the highest level of professionalism.
How Theut Scaringelli & Kupiszewski P.L.C. Can Help
Just like the early settlers of Paradise Valley, our legal team fights hard to protect our clients’ identities and interests from outside forces. We have built a strong reputation on integrity, compassion, and excellence. Our attorneys bring decades of combined experience to every case. Families in Paradise Valley trust us because we take the time to listen, understand, and advocate with both strength and empathy.
When you choose us, you gain:
- Personalized counsel. No two families are the same, and neither are their legal needs. We tailor our approach to your situation.
- Courtroom experience. Our team has guided countless clients through guardianship and conservatorship hearings in Arizona courts.
- Comprehensive support. We advise not only on immediate needs but also on long-term planning and helping you prepare for the future.
- Compassionate advocacy. We understand that you may be making one of the most difficult decisions of your life. We walk with you every step of the way.
Our story is rooted in the values of service and dedication. We believe the law should be used to protect the most vulnerable among us and to give families peace of mind.
We Protect What’s Important
When life changes and someone you love needs protection, Theut Scaringelli & Kupiszewski P.L.C. can help. We are well-known in the legal community and top-rated by our clients. Contact us online or by phone today to speak with an attorney. Our team is ready to listen, advise, and stand by your side.
Resources:
- Testamentary appointment of guardian of minor, A.R.S. § 14-5202 (2024), link.
- Definition of “incapacitated,” A.R.S. § 14-5101 (2024), link.
- Procedure for court appointment of a guardian of an alleged incapacitated person, A.R.S. § 14-5303 (2024), link.
- Protective proceedings; fingerprinting, A.R.S. § 14-5401 (2024), link.
- Town of Paradise Valley, “Town History,” link.