How to Get Guardianship of an Adult in Arizona: A Step-by-Step Guide

Obtaining guardianship of an adult in Arizona is a legal process that grants an individual authority to make decisions for an incapacitated person. This process is critical for families caring for adults who cannot manage their own personal or medical affairs due to age, illness, or disability.

Understanding Adult Guardianship in Arizona

Guardianship is a legal relationship established by the Superior Court. The person granted authority is the guardian, and the individual requiring help is the ward (or incapacitated person).

Types of Arizona Guardianship

• General Guardianship: Provides broad authority over personal and medical decisions.

• Limited Guardianship: Grants specific powers while allowing the ward to retain some independence (e.g., the right to vote).

• Emergency Guardianship: A temporary order (usually up to 90 days) granted when immediate intervention is needed to prevent substantial harm.

6 Steps to Secure Guardianship in Arizona

1. Assess the Need for Intervention: Determine if the adult is truly “incapacitated.” Arizona law defines this as lacking sufficient understanding to make or communicate responsible decisions.

2. File a Court Petition: Submit a “Petition for Appointment of Guardian” in the Superior Court of the county where the adult resides.

3. Required Evaluations: The court will appoint a medical professional to examine the ward and a court investigator to interview all involved parties.

4. Notify Interested Parties: You must provide formal notice to the ward, their spouse, parents, and adult children at least 14 days before the hearing.

5. Mandatory Training: Any non-licensed fiduciary (typically a family member) must complete Supreme Court-approved training before they can be officially appointed.

6. Attend the Court Hearing: A judge will review the investigator’s report and medical evidence to determine if guardianship is the “least restrictive” option available.

Frequently Asked Questions (FAQ)

What are the alternatives to guardianship?

Before filing, courts require you to consider less restrictive alternatives, such as a Healthcare Power of Attorney, a Living Will, or a Representative Payee for Social Security.

How long does the process take?

A standard guardianship case typically takes several months. However, if an emergency exists, a temporary guardian can sometimes be appointed in as little as 24–48 hours.

Can a ward contest the guardianship?

Yes. The proposed ward has the right to legal counsel, the right to present evidence, and the right to cross-examine witnesses at the hearing.

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