A Basic Guide to Guardianship Law in Arizona

A guardianship is when an individual takes sole responsibility for the financial and personal affairs of another person. An example of guardianship would be an adult child who becomes the guardian for an elderly parent suffering from Alzheimer's.

To become a guardian you must prove that the "ward", or their property, is disabled. You must file a petition to the court to obtain guardianship. This is required for the county where you live. To file for guardianship rules in Arizona, the ward must reside in Arizona or have land.

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You must be at least 18 years of age and a U.S. citizen to be a guardian. However, guardianship can be denied to anyone who is "of unsound mental faculties", or has been convicted of any felony.

The next step is to prove that guardianship is required. This can be tricky if the potential ward denies they need it. This is where psychiatrists and doctors come in to give their opinions to the judge. 

You can choose between guardianship for the person or guardianship for the estate.

Guardianship is when you can make decisions about healthcare and living arrangements for the person. You must prove that the person is incapable of making an informed decision regarding such matters to qualify for guardianship.

Although it is possible to get guardianship without an attorney, it might be in the best interests of both you and your ward to have counsel. An attorney can help you because court appearances and a lot of documentation are necessary. An attorney can help you prove your case in difficult cases such as when the potential ward denies that they need assistance or when you seek guardianship over a complex estate.

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