What is Legal Guardianship for Adult State of Arizona

The intricacies of obtaining legal guardianship for adults in Arizona can be a complex process. Keep reading to receive an overview of what it means to be a guardian, the responsibilities it entails, and the legal proceedings involved in the State of Arizona. Whether you’re considering becoming a guardian or just seeking information, this guide will help you understand the critical aspects of guardianship, ensuring you’re well-prepared to support those who may not be able to make personal and medical decisions independently.

What is Legal Guardianship for Adults in the State of Arizona?

In Arizona, a court may appoint a guardian for an Adult when a doctor or person authorized by Arizona law ARS 14-5303 (c) states that the person needs a guardian or will need a guardian when they become an adult to take care of all or some of the person’s needs. If appointed, a guardian is authorized and responsible to act in the best interest of the individual when making personal and medical decisions on their behalf.

Role & Responsibilities of a Guardian

Guardians are responsible for the Adult’s overall health, personal care, and living arrangements. The Guardian must listen to the Adult and ensure that their preferences are being met as long as those preferences do not create harm for the Adult. The standard the Guardian must use when making decisions is (1) using either substituted judgment or (2) the best interest standard.

• Guardianship does not give authority to manage financial assets.
• A conservator may be needed if the Adult is need of a someone to manage their income or property.

Guardian’s responsibilities include:

• Coordinate services: ensure the proper and appropriate medical care, education, and overall health and welfare. Examples include coordinate medical appointments, coordinate life skills training services, etc.
• Consider preferences: discuss the kinds of decisions that need to be made and determine their preferences and whether their preferences can meet their needs without causing harm.
• Least Restrictive Decision: ensure that the least restrictive form of intervention is chosen to facilitate the maximum independence and autonomy possible.
• Ensure Benefits are Received: apply and ensure the Adult receives all of the benefits they are entitled to including Medicare, Arizona Health Care cost Containment System, the Department of Developmental Disabilities, and more
• Get Second Opinions: when necessary, you may need to consider getting a second medical position before making decisions for treatment.

Guardianship can be limited or general. Limited Guardianship can include the following authorities:

• Consent to Medical Treatment
• Arrange Education or Training
• Apply for Public Assistance or Social Services
• Consent to Make Living Arrangements
• Consent to Marriage
• Consent to Outpatient Mental Health and Treatment.
• Other limited powers can also be requested

Note: Any authority for the Guardian to place the Adult in an inpatient psychiatric facility for inpatient care must be specifically requested and supported by the opinion of a licensed psychiatrist or psychologist and made part of the application.

Adult Guardianship Highlights

• You can file for a person aged at least 17.5 and the appointment will become effective as of their 18th birthday.
• Can be temporary or permanent depending on the circumstances.
• The Adult must be represented by an attorney. The court will appoint an attorney to represent the Adult’s interest in court if the Adult does not already have their own attorney (separate from the Petitioner)
• The Court will appoint an investigator to interview the people involved and visit the home environment.
• Guardianship can only be established when the Adult is examined by a medical doctor, registered nurse or psychologist whose written report is filed with the Court before the hearing.
• Medical or other evidence will be presented regarding the Adult’s ability to safely operate a motor vehicle
• Clear and convincing evidence will be presented at the hearing regarding the Adult’s capacity and understanding to maintain the right to vote.
• All interested persons must be notified about the proceeding, including the Adult.
• The Adult may not waive notice unless they attend the court hearing. If the Adult does not wish to attend the hearing, then they can be formally served by a process server.
• If a Response is filed to the Petition making objections the court may hold an evidentiary hearing.
• The Arizona court process for guardianship takes approximately 1-2 months but can take longer depending on the specific circumstances of the case.
• File an annual guardianship report

Documents

• A certified copy of the Adult’s birth certificate (required in all cases)
• Petitioner’s US or State issued identification (required in all cases)
• Health Professional’s Report
• Fingerprint and background check
• Any previous court orders issued affecting the parental rights if the Petition involves a 17.5 year old Adult
• Signed and notarized Consent forms
• Any other documents to support your position

Process

1. Prepare and file a Probate Information Form, Petitioner for Permanent Appointment of Guardian of an Adult, Affidavit of Person to be Appointed, Petitioner’s Information Sheet to Court Investigator, Health Professional’s Report, other supporting documents required by the County’s Probate Court. Pay filing fees to the court.
2. Complete fingerprinting process – if proposed guardian is not blood related
3. Provide proof to the court of either service of the filed Petition and Notice of Hearing or Waiver of Notice or Affidavit of Publication.
4. Complete the required training for guardians and complete the Declaration of Completion of
   Training for Non-Licensed Fiduciaries and file it with the court.
5. Work with case investigator to complete their home investigation
6. Attend the scheduled hearing and be prepared to provide testimony to the Court regarding the
   Petition and why the guardianship is needed, why the proposed guardian should be appointed, and
   and why it is in the Adult’s best interest for the appointment of guardianship to be ordered.
7. If the Court finds that all documents have been filed and based upon documents and testimony
   presented, they will issue an Acceptance of Appointment as Guardian and issue Letters of
   Appointment.
8. File your annual report within one year of your Appointment.

Understanding legal guardianship is crucial for those stepping into this significant role. If you’re
looking for more detailed information or need guidance through the guardianship process,
download our Complete Family Law Guide below to better understand your
responsibilities and the steps involved.

At Gravis Law, we’re committed to supporting you every step of the way. For further assistance or to discuss specific situations, don’t hesitate to reach out to our experienced team at Gravis Law. Our experts are here to provide the support and guidance you need. Contact us directly to schedule a consultation.