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What is a Guardianship?
An Arizona
guardianship is a legal proceeding involving the judicial appointment of a
person (or company) to provide care and to make personal decisions for a
minor (juvenile) or an incapacitated person, whether a minor or an adult.
The person for whom a guardian is appointed is called the "ward."
Guardianship is a legal relationship between the guardian and the ward.
The disability or condition creating the need for a guardianship may be
caused by youth (minority) mental illness, developmental disability, age,
accident or other causes. A developmental disability or mental illness is
not, by itself sufficient reason to declare someone incompetent. And, a
person may not be declared incompetent simply because it saves someone
money or because the disabled person acts or uses personal money in ways
that seem odd to someone else.
Competency
has to do with a person's ability to make "responsible or informed
decisions" concerning the person's health, living conditions or personal
affairs.
How to
Choose a Guardian
If you are
permitted to select an individual to serve as guardian, first consider
those who play a significant role in the person's life. The guardian
should be someone who is both aware of and sensitive to the ward's needs
and preferences. Consider someone who has the time, the temperament and
the perseverance to serve as guardian. It is very important to
remember that guardianship is a legal relationship in which one person
places trust and confidence in the capability, integrity and fidelity of
another.
How
is a Guardian Appointed?
A guardian
may be nominated by a Last Will & Testament, or by any interested party
who files a petition with the court for appointment of a guardian. An
incapacitated person, or any person interested in the welfare of an
incapacitated person, may petition for a finding of incapacity and
appointment of a guardian.
Notice of
the time and place of the hearing is given to the potential ward and other
persons specified by statute.
The ward
may be, and usually is, represented by counsel. On a hearing to determine
incapacity, a visitor and physician must be appointed and report to the
court after interviewing the potential ward. A visitor is a person trained
in law, nursing or social work and is an officer, employee or special
appointee of the court with no special interest in the proceedings.
In certain
circumstances, the court may appoint a temporary guardian for a specific
purpose and for a specified time period.
What Are the Duties of a Guardian?
A legal
guardian has powers and responsibilities similar to that of a parent
toward a child. The guardian may make personal decisions for the ward such
as living arrangements, medical care and treatment, education, social
activities, and authorization or withholding of medical or other
professional care.
An Arizona
guardian must submit a written report to the court annually on the date of
the appointment as guardian, on the resignation or removal of the
guardian, or on termination of the ward’s minority or disability
For
probate assistance in Arizona, call us at 928/445-3230 or
click
here
to
contact us.
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