We have spent so much time lately discussing the future of AZ guardianship and AZ conservatorship law, that it might be a good idea to go back and look at the basics.  Without exception, we discuss guardianships and conservatorships on this blog, so devoting just one post to defining what these terms mean will probably be helpful.

In Arizona, when somebody loses the capacity to care for him or herself, the law allows the courts to appoint a guardian or conservator to act on that person’s behalf.  Guardians are charged with the responsibility of making medical decisions, while conservators are charged with the responsibility of making financial decisions.  Sometimes the same person acts in both capacities, and sometimes the court appoints both a guardian and a conservator, but either way the court must be convinced that the appointment is necessary before it will make an appointment.

Under Arizona guardianship and conservatorship law, guardians and conservators must abide by fiduciary duties.  In fact, much of the present debate about AZ guardians and AZ conservators involves ways in which the state can shape the law to tighten fiduciary duties up.  No matter what changes to the law we might see, however, guardians and conservators in the state of Arizona must always act in wards’ best interest.  Those who seek guardianship information from a guardianship attorney can best position themselves to satisfy all of their fiduciary obligations.