How do I petition for guardianship or conservatorship in Arizona?
1. Terminology. Arizona splits the roles: 'guardian' for personal decisions, 'conservator' for property, for both adults and minors.
2. Adult Guardianship. Under A.R.S. § 14-5304, a guardian may be appointed for an 'incapacitated person' — an adult impaired by reason of mental illness, mental deficiency, mental disorder, physical illness or disability, chronic substance use, or other cause to the extent of lacking sufficient understanding or capacity to make or communicate responsible decisions.
3. Adult Conservatorship. Under A.R.S. § 14-5401, a conservator is appointed for a person unable to manage property because of mental illness, mental deficiency, physical illness or disability, chronic substance use, confinement, detention, or disappearance.
4. Minor Guardianship/Conservatorship. Under A.R.S. §§ 14-5204 and 14-5401, available when parents are deceased, rights terminated, or written consent given.
5. Petition. File in the superior court of the county where the proposed ward/protected person resides. Personal service on the proposed ward at least 14 days before hearing; notice to spouse, adult children, parents.
6. Court Investigator / GAL. A court investigator is appointed under A.R.S. § 14-5308; an attorney must be appointed if requested or determined necessary.
7. Capacity Evaluation. Physician's or psychologist's report on physical and mental condition is required (A.R.S. § 14-5303(C)); clear and convincing evidence.
8. Hearing & Order. Proposed ward has rights to attend, counsel, present evidence, and a jury trial (A.R.S. § 14-5303(D)). Court must consider less restrictive alternatives.
9. Powers & Duties. Bond required for conservator (A.R.S. § 14-5411); inventory within 90 days; annual account and report; court approval for sale of real estate (A.R.S. § 14-5425).
10. Alternatives. Durable POA (A.R.S. § 14-5501), health care POA (§ 36-3221), mental health care POA (§ 36-3281), and supported decision-making.
11. Termination & UAGPPJA. Restoration (A.R.S. § 14-5318), death, or minor reaching 18. Arizona adopted UAGPPJA at A.R.S. § 14-12101 et seq.
This is legal information, not legal advice.
- Combined guardianship/conservatorship for adults with both personal and property needs
- Court investigator findings recommending against full guardianship
- Sale of real property and major financial transactions requiring approval
- A.R.S. Title 14, Ch. 5
- A.R.S. § 14-5304
- A.R.S. § 14-5401
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.