A guardianship gives someone court authority over another person's daily life and health care. A conservatorship gives someone court authority over another person's money. They are two separate legal tools under Arizona law. Families often ask for both at the same time in Arizona guardianship and conservatorship cases.
What a Guardian Does
A court-appointed guardian makes personal care and medical choices for an adult who cannot make their own. When a conservator is appointed to handle money, the guardian handles the rest. This includes:
- Choosing where the person lives
- Saying yes or no to medical treatment
- Managing daily care like meals, hygiene, and rides
- Making choices about social events and visitors
The guardian must file regular reports with the court. These reports cover the person's health and care. Arizona courts prefer the least strict setup. A judge may grant limited guardianship that covers only certain choices. The person keeps control over the rest.
What a Conservator Does
A court-appointed conservator manages the protected person's finances. In conservatorship matters, this includes:
- Paying bills, taxes, and insurance
- Managing bank accounts and investments
- Buying or selling real estate
- Filing tax returns
- Making choices about income and spending
The conservator must keep detailed records. They must report to the court every year. Big choices, like selling a home, often need court approval first.
How the Court Hearing Process Works
To start, someone must file a petition with the Arizona Superior Court. It is filed in the county where the person lives. Under Arizona law, the court then:
- Appoints a lawyer or investigator to stand up for the person and all interested parties
- Reviews medical proof that the person cannot make their own choices
- Holds a court hearing where the judge decides if guardianship, conservatorship, or both are needed
- Appoints the guardian or conservator and sets the scope of their power
All interested parties, including family and close friends, get notice of the hearing. They can raise concerns. The process usually takes two to four months. It costs $3,000 to $10,000 or more in legal fees and court costs.
Rights of the Person Under Guardianship
Arizona takes the rights of the person very seriously. The person has the right to attend the court hearing. They can have a lawyer. They can present proof. Even after a guardian is named, the person can ask the court to change or end the guardianship if things change.
Courts also require ongoing checks. Guardians and conservators must file yearly reports. These show how they manage personal care and the protected person's finances. If they fail to report, the court can remove them.
Why Powers of Attorney Are the Better Path
A financial power of attorney and a medical power of attorney do the same jobs as Arizona guardianship and conservatorship. But they skip the court process. You choose who acts for you. You set their limits. You put these papers in place while you can still make your own choices.
Without these papers, your family's only option is the court process above. That means more time, more money, and more stress. Every estate plan should include both powers of attorney to help families avoid this path. That is the smart play.