If you are searching for guardianship lawyers in Scottsdale, Arizona, Canterbury Law Group can help! Formally trained in the guardianship & conservatorship process, Canterbury Law Group can help with guardianship & conservatorship in Phoenix, Scottsdale and surrounding cities.
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What’s A Guardianship In Arizona?
An Arizona guardianship is a court-ordered supervised legal relationship established for the protection and benefit of another, known as the “ward.” When assigned, legal guardians are accountable for the ward’s personal and financial protection. A guardianship is typically for children whose parents can no longer care for them, or for persons over eighteen years old who cannot take care of themselves and are declared physically or mentally impaired.
Learn more about Legal Guardianship In Arizona
What Do Guardianship Lawyers Do?
A guardianship lawyer helps those who are attempting to become a guardian. It doesn’t matter what kind of guardianship, they will make sure that the petitioner (the person applying to be a guardian) has the correct paperwork and fulfills the court’s requirements. This includes showing up on time to important court dates, advocating on behalf of the petitioner to the court, and mostly helping the petitioner reach their goal of attaining guardianship approved by a judge.
Types Of Legal Guardianships
Sometimes the court may determine that the ward is capable of making some decisions concerning their own care but not other people. Concerning decisions where the individual may be unable to exercise rational judgment, the court will usually appoint a limited guardian or guardian advocate to contribute toward the decision-making process.
Co-guardianship is when there are two separate guardians are assigned to safeguard the best interests of the ward. This usually serves as an added protection over the ward’s interests by assuring that neither of the guardians can abuse his or her powers to the detriment of the ward.
Guardian Of Property
A guardian of property is concerned mainly with providing or managing adequate monetary assets to care for the ward.
Guardian ad litem
A guardian ad litem is assigned by the Court to protect and maintain the ward’s interests in any legal matters that will directly affect them.
How Long Does A Guardianship Last?
A guardianship typically lasts until one of these events happen:
- The child becomes of legal age (usually 18 years old)
- The ward dies
- The ward’s assets and finances are used up
- A judge finds that the guardianship is no longer necessary
- The Guardian asks the court for resignation
- The ward’s biological parents triumphantly petition the court to end the guardianship
What’s A Conservatorship In Arizona?
In most cases, conservatorships are put in place for those who are in comas, suffer from advanced Alzheimer’s disease or have other serious injuries or illnesses. A conservator of the estate (sometimes called a “guardian of property”, “custodian” or “curator” in some states) is someone who the court-appointed authority and responsibility to manage another adult’s finances. A conservator of the person is assigned the power to make housing and sometimes medical arrangement decisions for another adult. There are two types of conservatorships in Arizona: conservator of the estate or property and conservator of the person.
What Is The Legal Process For Obtaining A Guardianship Or Conservatorship?
Someone that is interested in the well-being of the impaired person can begin the guardianship or conservatorship process. Here are a couple of things to consider when you are petitioning for guardianship or conservatorship in Scottsdale:
- A request for Appointment of Guardian of the Person must be filed in the probate court of the ward’s county of residence. The necessary forms are generally available through your local clerk of courts or on the court website.
- Numerous states will require notice of the proceedings to be sent to specific people, relatives or agencies.
- The ward is typically allowed legal representation at the hearing. The court can designate an attorney if the ward is not able to afford one.
- The judge will hear from all involved parties and decide whether to grant a court order establishing the guardianship.
- The court order has to be filed with the clerk of courts.
Who Can Serve As A Conservator or Guardian?
To decide who can be a guardian or conservator the court will take into account such as:
- Who has a significant role in the ward’s life such as a grandparent
- Who is sympathetic to the preferences and needs of the ward.
- Whether the ward’s family agrees with the court’s choice.
- Other unique facts and circumstances for each case.
*This information is not intended to be legal advice. You can contact Canterbury Law Group today to learn more about your personal legal needs. 480-240-0040.
Guardianship & Conservatorship Lawyer Consultations In Phoenix & Scottsdale
A family law attorney is usually needed to petition a court for guardianship or conservatorship. Need an experienced family lawyer, guardianship lawyer, or child custody lawyer in Phoenix or Scottsdale, Arizona? Canterbury Law Group can help! We can help you navigate the complicated legal procedures involving guardianship and help to protect the best interests of everyone affected.