What is Title 14 Legal Guardianship for Minors in the State of Arizona

Understanding Title 14 legal guardianship for minors in Arizona is crucial for anyone considering becoming a guardian. We will cover the specifics of what legal guardianship entails, the scenarios that may necessitate such a measure, and the responsibilities it imposes. Whether you’re a relative, a family friend, or someone else close to a child in need, this guide will help you navigate the process with the child’s best interests at heart.

What is Title 14 Legal Guardianship for Minors in the State of Arizona?

In Arizona, when a court officially recognizes a relationship between a child and someone other than the child’s parents, it’s known as legal guardianship. There are various reasons why a person who isn’t a biological parent might seek to become a minor child’s guardian.

Legal guardianship is put in place to act in the best interests of the child.

Some common situations where guardianship might be pursued include:

1. The child’s parents are out of state, which might be due to work, military duty, vacation, health issues, or other circumstances. 

2. The parents are unable to provide the standard of living they wish for their child. 

3. The parents cannot ensure a safe and suitable environment for the child. 

Title 14 Guardianship Highlights

• Title 14 Guardianship is a voluntary arrangement. Living parents who still have their parental rights can give their consent for guardianship. This is typically done by having the biological parents fill out a consent form.
• Can be temporary or permanent depending on the circumstances.
• Biological parents can revoke their consent any time.
• The Arizona court process for guardianship takes approximately 1-2 months but can take longer depending on the specific circumstances of the case.
• If the proposed guardian is not blood-related to the minor child, they will be required to provide the court with fingerprints to be used for a background check. This is done to ensure the safety of the child.
• If the minor is 14 years or older, written consent from the child will be required.
• A guardian of a minor has similar rights and responsibilities to those of a custodial parent when it comes to the child’s support, care, and education. However, a guardian is not personally responsible for the child’s expenses and is not held liable to others for the actions of the child.
• Once ordered by the Court, Guardianship allows the guardian to make the day-to-day decisions for the best interest of the child and includes decisions related to education and medical care.
• If Guardian wishes to terminate Guardianship and be legally discharged as the Guardian of the Minor prior to the expiration of the Guardianship, the Guardian must file a Petition with the Court and provide notice to all interested parties.

Documents

• A certified copy of the child’s birth certificate
• A certified copy of parent death certificate, or other evidence showing the parent is deceased
• Petitioner’s US or State issued identification
• Decree of Adoption, if application
• Signed and notarized consent forms

Process

1. Prepare and file a Probate Information Form, Petition for Appointment of Guardian of a Minor,
   Affidavit of Person(s) to be Appointed Guardianship, Consent of Parents, Consent of Minor (if
   applicable, and other supporting documents required by the County’s Juvenile 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 Guardian ad litem 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
   why it is in the child’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 as Guardian of a minor.

Navigating the guardianship process can be challenging, but understanding your responsibilities and the legal requirements is the first step towards providing a stable and nurturing environment for a minor.

For more detailed guidance or to explore specific aspects of Title 14 guardianship, download our Comprehensive Family Law Guide below.

At Gravis Law, we’re here to support you with expert advice and assistance. If you have further questions or need expert legal assistance with the guardianship process, please don’t hesitate to contact us at Gravis Law. Our dedicated team is ready to help you ensure that the best interests of the child are met. Reach out today to schedule a consultation.