In regards to guardianships over minor children, they are also addressed under A.R.S. Such authority may be necessary if the person suffers from a psychological or addiction issue because they aren’t likely to consent if they haven’t already done so.Ĭonsider if you will need this authority. You will likely already know if this is something you believe is necessary, so don’t worry! If you need the authority, it merely requires a different filing and we are able to do it for you. If that power is necessary, you will need to specifically file for it. The welfare of your loved one may demand this action.Īnother issue regarding adult guardianships is the authority to consent to in-patient mental health care. While the process can be a little complicated, usually circumstances will give you little other choice. In addition, you will be required to serve a form on the proposed ward’s treating physician to verify the mental/physical health of the proposed ward. This can be an expensive undertaking because the proposed ward will be appointed counsel and an investigator will be appointed to verify what you allege in your petition. You should expect that most adult guardianships will require a Conservatorship. There is a bond requirement to insure that the Conservator does not improperly use any of the Ward’s property. That person would have the right to collect or disburse funds on behalf of the protected person. Usually, the issue of finances will also be implicated and that would require implementation of a Conservatorship.Ī Conservator is a person that acts in the place of the Ward (the protected person).
With regard to adults, guardianships can be obtained due to mental or physical impairment.
Title 14 guardianships are not permanent and require at least yearly reports to the court. No other division can order such guardianships, so they are not addressed here.Īll of the guardianships discussed here are described in the Arizona Revised Statutes (ARS), Title 14.
Under the Arizona Revised Statutes, Title 8, Section 5, §8-871, the Juvenile Division of the Court can order a permanent guardianship. You may have heard of a “Permanent Guardianship.” There are various sub-categories within the overall guardianship issue that are addressed here. Obviously, there are two main categories of guardianship, adult and minor. Many reasons exist for obtaining or granting a guardianship. Personal Injury Lawyers Near Me Tucson Az.Sean Thrush: Family Law Attorney Tucson.
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