Are you concerned about a loved one’s ability to manage medical decisions, handle financial affairs, or make other personal decisions in Scottsdale, Arizona? Maybe you’ve noticed that your family member is facing medical risks, unpaid expenses, or outside influences that worry you. Arizona law gives you a way to step in to protect an incapacitated person from harm, such as financial exploitation, ensure they are getting the medical treatment they need, and manage assets in their estate.
At Mushkatel, Gobbato, & Kile, P.L.L.C., our team works with people who need to take action to protect their loved ones. We help people pursue guardianship or conservatorship when someone’s safety or resources are on the line. Our Scottsdale guardianship and conservatorship lawyers have guided many people through similar situations and earned the trust of our satisfied clients.
If you’re considering guardianship or conservatorship in Scottsdale, contact Mushkatel, Gobbato, & Kile, P.L.L.C., today to arrange your initial consultation.
What Is a Guardianship?
A guardianship is a legal arrangement that gives one adult the legal power to make decisions for another adult who cannot make them alone. In Arizona, the courts may appoint a guardian if someone cannot handle daily needs independently due to illness, disability, or another condition. This person becomes a “ward” whose guardian steps in to help with things like health care, housing, or safety.
Guardianship may be full or limited. A full guardianship covers most personal decisions. A limited one covers specific affairs, such as medical care or housing. When possible, a guardian must act based on their ward’s needs and preferences.
Arizona law requires courts to choose the least restrictive options before allowing the guardianship process to move forward. So, a court can only order guardianship when no better or simpler option can protect the person.
What Are the Primary Responsibilities of a Guardian?
A guardian must make personal decisions for their ward while respecting their preferences and safety. The courts expect guardians to support their wards’ well-being and independence whenever possible. A guardian’s key responsibilities typically include the following:
- Stay involved – Visit or talk to the ward regularly to learn about their needs, interests, and health conditions.
- Coordinate care – Set up doctor visits, manage medications, and monitor health needs.
- Handle housing – Make safe living arrangements based on the ward’s situation and abilities.
- Oversee education or training – Support school, job training, or other services if the ward benefits from them.
- Protect personal items – Take care of clothing, furniture, or keepsakes.
- Support independence – Help the ward make choices when possible and look for ways to reduce or end the guardianship over time.
- File reports – Provide updates to the court about the ward’s condition and the guardian’s actions.
Are There Alternatives to Guardianship?
Yes. Arizona law encourages less restrictive options when they meet the person’s needs. These alternatives include the following:
- Power of attorney – One adult receives authorization to make decisions for another adult, as necessary. For instance, a healthcare power of attorney gives someone authority to make medical decisions for another person.
- Supported decision-making agreement – A person can get help from trusted supporters without losing control of their choices.
- Public services – These services, including case managers, may be available through the Arizona Long Term Care System (ALTCS) or other programs.
Courts allow guardianship only if other methods won’t work. If a person can still make some decisions or has support in place, the court may reject a guardianship request. Guardianship should be a last resort, not the first step.
What Is the Difference Between a Guardianship and Conservatorship?
Differences exist between a guardianship and a conservatorship. A guardianship focuses on personal needs, while a conservatorship deals with money and property.
In Arizona, courts appoint guardians when someone cannot make safe or informed personal decisions. A guardian helps their ward with housing, health care, and daily activities. Conversely, a conservator steps in when someone cannot manage their income, bills, or property. The courts usually appoint conservators only if a person’s money or property is at risk.
Sometimes, people need guardianship and conservatorship at the same time. The court may appoint one person as both guardian and conservator or assign the roles to different people. Arizona law treats each role separately, even if the same person fills both roles. Each role comes with its own responsibilities, reports, and court oversight.
How Do You Establish Guardianship or Conservatorship in Scottsdale, AZ?
Establishing a guardianship or conservatorship in Scottsdale starts with filing a petition in the Maricopa County Superior Court. The person filing the petition must explain why the proposed ward or protected person needs help. The court will schedule a hearing, appoint a lawyer to represent the person at risk, and assign an investigator and medical examiner to submit reports.
The judge will review all evidence to decide whether the person needs a guardian, a conservator, or both. If approved, the court will issue letters of appointment and may require a bond for a conservator. The guardian or conservator must also complete training and follow reporting requirements.
Is It Possible for a Person to Serve as Both Guardian and Conservator?
Yes. One person can serve as both guardian and conservator if the court approves it. The situation makes sense if the same person understands the personal and financial needs of the person at risk. If one adult takes on both roles, the court will still treat the roles separately. The guardian must report on personal care, and the conservator must file financial reports. A person serving in both roles must meet all court requirements.
Arizona law allows this combination when it fits the situation and serves the incapacitated adult’s best interests. Sometimes, the court may appoint two people instead if that setup provides better oversight for the individual. The key question is whether one person can manage both responsibilities well and follow the rules for each role.
Contact Scottsdale Guardianship & Conservatorship Lawyers
If you need help with a guardianship or conservatorship matter in Scottsdale, contact Mushkatel, Gobbato, & Kile, P.L.L.C., today. Our legal team has over 50 years of combined legal experience and offers the attention you expect from a small firm with the resources and support of a larger practice. Contact us now to arrange your initial consultation and see how we can help you move forward.
Site by