Under Arizona law, guardianship is a legal arrangement between a guardian appointed by the Court and a person deemed incapacitated by the Court. The guardian is responsible for making decisions for, and on behalf of, the incapacitated person. The guardian has fiduciary responsibilities and must always act to further the best interest of the incapacitated person. 

The following is a brief summary of the legal process to obtain guardianship of an adult under Title 14 of Arizona Revised Statutes in Arizona.

1. Filing a Petition: The first step in obtaining guardianship is to file a petition with the superior probate court in the county where the adult resides. The petition must include certain required information, including but not limited to the reason for the guardianship, the proposed guardian’s name, and the proposed ward’s name. The petitioner must also provide information about the proposed ward’s incapacity, finances, and the proposed guardian’s qualifications. The proposed guardian must submit a health professional’s report as clear and convincing evidence of the proposed ward’s incapacity.
2. Notice: The court will then require that the proposed ward and other interested parties receive notice of the guardianship proceedings. This notice must include the date and time of the hearing and a copy of the petition and the proposed order to be signed by the judicial officer. The proposed ward must be personally served with this information unless notice has been waived by the Court (this happens in only limited circumstances).
3. Court Investigator: An evaluation must be conducted by a court investigator who will submit a written report to the court. The evaluation will assess the proposed ward’s capacity to make decisions and the proposed guardian’s ability to execute the guardian’s duties.
4. Court-Appointed Counsel: Unless the proposed ward has counsel, the court will appoint an attorney to represent the proposed ward’s interests in the matter. This attorney may be paid by the county if the proposed ward is found to be indigent.
5. Hearing: A hearing will be scheduled, and the proposed guardian, proposed ward, and other interested parties will have an opportunity to be heard. The court will consider the petition, investigator’s report, and any other evidence presented before making a decision on the guardianship.
6. Appointment: If the court grants the petition, it will issue an order appointing the guardian and “Letters of Guardian.” The guardian will then have the legal authority to make decisions for the incapacitated person.
7. Ongoing Duties: Once appointed, the guardian must file annual guardian reports with the court, keep accurate records, and make decisions in the best interest of the ward. The guardian will also be responsible for managing the ward’s limited finances and ensuring that the ward receives appropriate care.

In summary, obtaining guardianship of an adult under Title 14 in Arizona requires certain specific steps to be completed in order within specific timeframes and deadlines. These steps include filing a petition, providing notice, a Court Investigator completing an evaluation, attending a hearing, and fulfilling ongoing duties as a guardian. 

The legal process can be complex, and it is recommended that individuals seek legal guidance to navigate the process successfully.  The court will require the requirements of the legal process to be followed accurately whether or not the petitioner has legal counsel to represent them. 

If you need to seek Guardianship for a close friend or relative, please contact our office today at 480-922-1010 or email info@bivenslaw.com. We have represented hundreds of clients in Guardianship matters and know how the process works for all types of Title 14 Guardianship arrangements.

— Megan Selvey, Attorney at Law