Arizona Guardianship and Conservatorship Attorney

If you have a family member who cannot manage their affairs due to their age or physical or mental incapacity, establishing guardianship or conservatorship can help protect their interests and welfare. However, becoming a conservator or guardian involves assuming a significant duty.

The team at Mushkatel, Gobbato, & Kile, P.L.L.C. can provide the legal information and support you need to care for an incapacitated or vulnerable loved one. Contact us today for an initial case evaluation to speak with an experienced Arizona guardianship and conservatorship attorney and learn more about the duties and responsibilities of a guardian or conservator.

What Is the Difference Between a Guardianship and a Conservatorship?

In Arizona, courts may establish guardianship or conservatorship for an incapacitated or vulnerable individual by appointing someone to manage their affairs and act to protect their interests and welfare. Courts use guardianship to empower a person to care for an incapacitated individual’s health and welfare and conservatorship to manage their financial affairs. In many guardianship cases involving a totally incapacitated person, the court will authorize the guardian to handle the person’s financial affairs in addition to caring for their health and welfare.

Who Can Become a Guardian or Conservator?

Typically, any qualified person can become a guardian or conservator. However, certain people or entities have priority, such as:

• Someone the incapacitated person chooses, if the court believes they are capable of making the decision
• The person’s most recently nominated guardian in their power of attorney
• Their spouse
• Their adult child
• Their parent
• Any relative they’ve lived with for over six months
• Anyone nominated by someone caring for the person or paying them benefits

However, courts must consider multiple factors in evaluating a person’s qualifications to serve as a guardian or conservator, including their criminal record, any history as a guardian or conservator, and their relationship with the protected person.

When May a Guardianship Be Necessary?

A court may appoint a guardian for an incapacitated person when it is necessary to provide for their needs and care. Someone may be incapacitated because of a mental disorder, physical disability, substance abuse, or another cause, leaving them unable to make or communicate responsible decisions for themselves.

What Are the Types of Guardianship in Arizona?

The types of guardianships established by the court designate the scope of the guardian’s authority and duties. When establishing guardianship, the court must evaluate the ward’s capacity to handle their personal, legal, financial, and medical affairs. There are two main types of guardianship in Arizona:

• Limited guardianship – In some cases, the court may find that a ward can manage some decisions, either on their own or with the help of technology or a trusted advisor. As a result, the court may create a limited guardianship. The guardian is authorized to manage affairs the ward cannot handle while preserving their right to handle affairs they can manage.
• General guardianship – When a court finds a ward completely incapacitated, it can create a general guardianship. This gives the guardian full authority over their financial and legal interests, health, and personal welfare.

The court will make a decision that gives the ward as much control as they are able to have over their own life and choices.

What Are the Responsibilities of a Guardian?

Depending on the scope of authority and duties established by the court, a guardian may have various responsibilities in caring for an incapacitated or vulnerable person, including:

• Managing their personal welfare, which can include deciding where they live, what educational and social services they receive, and ensuring they have appropriate food, shelter, and clothing
• Managing their medical affairs, including choosing healthcare providers, deciding which treatments they receive, and making end-of-life decisions
• Managing their financial and legal affairs, including managing their assets and income, paying their expenses, acquiring or selling property, and pursuing legal claims (when there is no conservator)

When May a Conservatorship Be Necessary?

The court may determine that someone cannot manage their own financial affairs because of a mental or physical illness or disability, substance abuse, incarceration, or disappearance. The person must also have property that would be wasted without proper management or funds that need to be protected to provide for their care and welfare. In these cases, the court will appoint a conservator to manage and protect the ward’s finances.

What Are the Responsibilities of a Conservator?

A conservator in Arizona has the responsibility to manage a ward’s financial affairs. After an appointment, a conservator must:

• Meet with the ward to explain the nature of the conservatorship
• Gather and inventory the ward’s assets
• Create an estate budget
• File the inventory and budget with the court
• Organize and maintain the ward’s financial records

A conservator should consult with the ward to understand their preferences and wishes, which can help guide their actions if the preferences do not harm the ward. Conservators must sensibly manage a ward’s assets, including using their income and assets solely for their benefit. They must also invest and manage the ward’s assets to maintain their current standard of living. Conservators may make decisions regarding a ward’s assets either using substituted judgment (acting as the ward would if they had the capacity to do so) or acting in their best interests.

Contact an Arizona Guardianship and Conservatorship Attorney

When your family must establish guardianship or conservatorship for an incapacitated or vulnerable loved one, turn to Mushkatel, Gobbato, & Kile, P.L.L.C. for the legal guidance and support you need to protect your loved one’s interests and welfare. With the personalized service of a small firm and the resources of a large firm, we have over 50 years of combined legal experience serving Arizona. Past clients give us a “glowing endorsement,” calling us “smart, professional, effective and efficient.”

Contact our firm today for a confidential consultation with a knowledgeable Arizona guardianship and conservatorship attorney to discuss your family’s legal options.

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