Best Interest Drives the Decision
The court does not simply rubber-stamp the first person who files a petition. The legal process requires the court to appoint the person whose appointment would be in the best interests of the child. That evaluation considers the prospective guardian's relationship to the child, financial stability, and ability to provide care.
The court shall appoint as guardian a person whose appointment would be in the best interests of the minor. The court may appoint a person nominated by the minor, if the minor is fourteen years of age or older, unless the court finds the appointment contrary to the best interests of the minor.
A.R.S. § 14-5206(A)For children who are fourteen or older, the law gives their voice real weight. The court may appoint the person the minor nominates at the court hearing. This recognizes that older children often have clear preferences about who should care for them. The legal guardian chosen must still meet the court's standards.
Background Checks for Unrelated Guardians
When the prospective guardian is not a relative, Arizona adds an extra layer of protection. The court requires a full set of fingerprints for a criminal background investigation through the Department of Public Safety. The prints may also be submitted to the FBI for a national records check.
Before the court may appoint as guardian a person unrelated to the minor, the court shall, in order to determine the applicant's suitability as a guardian, require the potential guardian to furnish a full set of fingerprints to the court to enable a criminal background investigation to be conducted.
A.R.S. § 14-5206(B)The applicant pays the cost of the background check. This requirement applies only to unrelated guardians. Family members seeking to become the legal guardian are not subject to the same fingerprint mandate. However, the court can still investigate any applicant's fitness during the court hearing.