Guardianship involves the management of someone’s living affairs

Guardianship, one form of “living probate,” involves the management of someone’s living affairs.  This often involves things such as where the person lives, what type of care he or she receives, and health care decisions.  The individual who requires a guardian is known as a “ward.”  If proper planning has not been done to provide for someone in the event of incapacity, court involvement is required to appoint a guardian.  The appointment process, duties and responsibilities of the guardian are dictated by Arizona statutes and the court maintains jurisdiction and oversight throughout the conservatorship.

Guardianship may be necessary in the case of an incapacitated adult, such as a person with dementia, or someone in a coma.   Also, a guardian may be necessary for minors or developmentally disabled children who turn 18.  Up until the age of 18, a parent can act on behalf of the minor, but once the child reaches the age of majority, a guardian may be necessary if the individual cannot make decisions for himself.

Guardianship does not include authority for management of finances.  If the proposed ward has significant funds to manage, a conservatorship will also be necessary.

For a consultation regarding conservatorship and/or guardianship

Call us at (520) 623-4353