A court must be convinced that it is necessary to appoint a guardian or conservator before it will do so.  Courts will only appoint a guardian if they believe that the proposed ward is incapacitated to the extent that he or she requires assistance with activities such as eating and dressing.  Courts will only appoint a conservator if they believe that the proposed ward will squander his or her assets without assistance.

Family members or friends who believe that somebody they care about requires assistance must undergo an appointment process to seek a guardianship or conservatorship.  To begin with, they must file a petition with the court and also have it served upon the proposed ward.  Additionally, they must provide adequate notice to other interested parties, such as the proposed ward’s spouse and children.  The court will see to it that the proposed ward has an attorney, unless the proposed ward is a minor, and a physician will evaluate the proposed ward’s mental capacity.  The judge will appoint a guardian or conservator if he or she deems fit, and the entire process takes about eight weeks. 

Sometimes it may be necessary to have a guardian or conservator appointed sooner than eight weeks.  In emergency situations, courts will appoint a temporary guardian or conservator.  Courts will only do this if they determine that it is in the proposed ward’s best interest, and the appointment will only last for a brief period of time.  In order to maintain the guardianship or conservatorship, a hearing will have to take place that follows the normal procedure. 

Arizona guardianship and conservatorship proceedings can become complicated.  This is particularly true where they are contested and disagreements arise as to who should act as guardian or conservator.  An attorney with experience handling guardianships and conservatorships is best qualified to assist with the proceedings.  For a consultation with an attorney at JacksonWhite, please call (480) 464-1111 and ask speak to someone in the Elder Law department.