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A.R.S. § 14-5203

Minor Objection to a Guardian

Verified April 4, 202657th Legislature, 1st Regular Session

Arizona gives minors who are fourteen or older the right to object to a guardian named in a parent's will. The minor can block the appointment before it takes effect. The minor can also end one already accepted by filing a written objection.

Title 14, PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY

azleg.gov

The Right to Object at Fourteen

Arizona recognizes that teenagers have a real stake in who serves as their guardian. A minor who is fourteen or older can block a testamentary guardian appointment before it takes effect.

The minor can also end an existing appointment within thirty days after receiving notice of acceptance.

A minor of fourteen or more years may prevent an appointment of his testamentary guardian from becoming effective, or may cause a previously accepted appointment to terminate, by filing with the court in which the will is probated a written objection to the appointment before it is accepted or within thirty days after notice of its acceptance.

A.R.S. § 14-5203

The objection must be filed in writing with the court where the will was probated. Once filed, it can be withdrawn if the minor changes their mind.

This flexibility lets the process adapt to the situation. It avoids locking in a decision that may not serve the child's best interests.

What Happens After an Objection

Filing an objection does not mean the minor goes without a guardian. The court can still appoint the person named in the will through a proper guardianship proceeding. It can also appoint any other suitable person.

The objection removes the automatic path. As a result, the court takes over the decision. The minor's preferences become part of that process.

For parents drafting a will, this statute is a reminder. Consider the child's perspective when choosing a guardian, especially for children nearing their teenage years. A guardian the child trusts is more likely to create a stable transition.

A minor of fourteen or more years may prevent an appointment of his testamentary guardian from becoming effective, or may cause a previously accepted appointment to terminate, by filing with the court in which the will is probated a written objection to the appointment before it is accepted or within thirty days after notice of its acceptance. An objection may be withdrawn. An objection does not preclude appointment by the court in a proper proceeding of the testamentary nominee or any other suitable person.

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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