When an Adult Still Needs a Guardian
In most cases, guardianship applies to minors or adults who cannot care for themselves. A.R.S. 14-5108 creates a special exception. It covers foreign citizens who are adults under Arizona law but still under 21.
This helps young foreign nationals living in Arizona. They may need someone to act on their behalf for legal, school, or financial matters.
The court may appoint a guardian of an adult foreign citizen if all of the following are true: 1. The foreign citizen is under twenty-one years of age. 2. The foreign citizen has a temporary visa issued by the United States or is a legal permanent resident.
A.R.S. § 14-5108The statute sets two clear requirements. The person must be under 21. They must also have lawful immigration status, either a temporary visa or permanent resident status.
Why This Rule Exists
Many young adults who are foreign nationals come to Arizona for school or to join family. They may be legal adults at 18. However, certain legal and financial matters may still need a guardian's involvement.
For example, some institutions or healthcare providers may require a guardian. This happens when parental authority from a home country does not apply here. This statute gives Arizona courts the power to fill that gap.
It is a permissive rule. In other words, the court may appoint a guardian but does not have to. The court looks at the specific facts of each case.