Arizona Guardianships and Arizona Conservatorships
Let the experienced attorneys at JacksonWhite help you navigate the intricacies of Arizona Guardianships and Conservatorships.
If your loved one is in a position where they refuse or are unable to make appropriate choices, you may need to be appointed by the court as a guardian or conservator.
Impairments ranging from disability to the effects of aging can make it difficult for people to handle their own affairs. When left to their own devices, these people can make dangerous financial and medical decisions.
The law has certain safeguards in place, however, designed to protect people in such a situation. These protections come in the form of guardians and conservators.
Guardianships & Conservatorships
Guardianship is authority granted by the court to make decisions for an incapacitated person regarding their health and medical care.
Why seek guardianship?
- Loved one in need of assisted living placement
- No power of attorney or failed power of attorney
- Inability to consent to inpatient treatment
Conservatorship is authority granted by the court to make decisions for an incapacitated person regarding their finances and assets.
Why seek conservatorship?
- Protect a vulnerable family member from exploitation
- Inability to pay $4,000+ per month for assisted living
- Bank refusal to recognize power of attorney
“Our team is committed to best serving each of our clients and giving them the attention and dedication they deserve. We understand the stress and worry involved in seeking guardianship or conservatorship, and strive to lift that burden from family members or loved ones. No matter the legal troubles you may face, it is our promise to be by your side every step of the way.”
JacksonWhite Guardianship & Conservatorship Attorney
Understanding Guardianship & Conservatorship
Top 10 Reasons you may need to apply for Guardianship (physical) or Conservatorship (financial):
Your parent, child, grandparent, or other loved one is:
- Unable to make medical and/or financial decisions
- Is unwilling or unable to sign a Power of Attorney
- Becomes easily agitated, aggressive or combative
- Gets lost or disoriented, but refuses to give up car
- Is being exploited by a family member, friend or scam artist
- Cannot control spending
- Is not safe to live at home, but refuses to move
- Has changed POAs numerous times
- Has given POA to untrustworthy person
- Needs to be treated in a mental facility
Powers of Attorney (POAs), both health care and financial, can be very effective tools in helping to protect your loved one. However, a POA cannot override a person’s own choices for where he lives or how he spends his money.
Upon approval from the court, guardians step in to act on behalf of someone who is no longer able to make safe medical decisions. Similarly, with the court’s approval, conservators step in to make financial decisions on behalf of someone who is no longer able.
Courts have discretion to grant guardians and conservators very broad or limited authority, depending on the particular situation. When petitioned to create a guardianship or conservatorship, courts consider whether the individual has made prior arrangements to have somebody handle his medical and financial issues; and whether the individual is legally incapacitated.
An Arizona guardianship attorney or conservatorship attorney can be helpful in persuading the court that a guardianship or conservatorship is indeed necessary.
To learn more about the process of being appointed guardian or conservator by the court, contact JacksonWhite Attorneys at Law at 1.800.243.1160.
Call us at 480-467-4313 to learn more.
The JacksonWhite Guardianship and Conservatorship Team
Guardianship & Conservatorship Attorney
Colton Johnston practices in the area of Elder Law, specifically focusing on Conservatorships & Guardianships. Colton takes great pride in assisting clients with end-of-life issues including incapacity, mental illness, and the transfer of assets.
Kristina Babbitt joined JacksonWhite in 2017. She assists Colton Johnston and Ryan Hodges in the Guardianship, Conservatorship, and Probate practice areas. Kristina is dedicated to the service of each client and takes pride in helping each client.
Sylvia Bustamante has been with JacksonWhite for 7 years and brings over twenty-five years of experience in the legal field to the team. Since 2000 she has assisted attorneys specializing in the Probate and Guardianship/Conservatorship fields.
What our clients are saying
Colton Johnston did an amazing job on a very difficult case. I found him to be professional, kind, thoughtful and diligent. He stayed focused and determined to provide the best result possible. I live out of state and he maintained great contact with me throughout the process. I would hire him again if I ever needed an attorney!Marla Mallula
I could have never navigated this situation without the team at JacksonWhite. Everyone there worked together and with me. They held my hand every step of the way. They went above and beyond and were never too busy for any of my questions or issues. They made working on this project from out of state possible.R.M., Michigan
I was very happy with the speed and attention given to my situation. My mom’s case worker referred me. You were a life saver – literally.A.T. Casa Grande, AZ
Ryan Hodges of Jackson White Attorneys made a long drive to meet with us as we were grieving the recent loss of our 41-year-old son. He guided us through every step of the probate process. He made each step clear to us and continued to show understanding of our situation, even though unusual complications were frequent, due to the nature of our son's former business. His kindness, knowledge, and efficiency will always be remembered and appreciated.Robert and Rebecca Bell
Colton did an awesome job in court. East Valley Fiduciary Service appreciates you!Tanya, EVFS
Myself and my family had no idea we would be here, not 5 months ago, not 1 month ago but we are never able to choose. I appreciate every person in your firm that was involved assisting myself and my father through this process. Everyone of you has been nothing short of professional, gracious, supportive and a positive reinforcement that there are still people who truly do the right thing. It would be my pleasure to share JacksonWhite with any family, friend, or strangers.Cindy