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A.R.S. § 14-5209

Powers and Duties of a Minor's Guardian

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

A guardian of a minor has the same powers and responsibilities as a custodial parent regarding support, care, and education. The guardian is not personally liable for the child's expenses. The court can also create a limited guardianship that restricts certain powers when appropriate.

Title 14, PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY

azleg.gov

The Guardian's Core Responsibilities

Arizona law gives a guardian of a minor the same role as a custodial parent. The guardian is responsible for the child's support, care, and education. That includes staying personally acquainted with the child, understanding their needs and health, and applying available funds to current care expenses. These duties continue until the child turns 18 or the court ends the guardianship.

A guardian of a minor has the powers and responsibilities of a custodial parent regarding the ward's support, care and education. A guardian is not personally liable for the ward's expenses and is not liable to third persons by reason of the relationship for acts of the ward.

A.R.S. § 14-5209(A)

The guardian must also take reasonable care of the child's personal property. They must conserve any excess funds for future needs. If a conservator has been appointed separately for the child's estate, the guardian pays excess money to the conservator at least quarterly. The guardian must report the condition of the ward as ordered by the court.

What a Guardian Can Do

Beyond the basic duties, the law gives guardians broad authority. A guardian can receive money payable for the child's support from benefits, insurance, trusts, or custodianships. They can establish the child's residence inside or outside Arizona. They can consent to medical care, help with education, and even consent to the child's marriage or adoption.

Guardianship of a minor is different from guardianship of an incapacitated adult, though some family law principles overlap. In both cases, the court maintains oversight. The guardian can delegate age-appropriate decisions to the child when reasonable, supporting the child's growing independence.

In the interest of developing self-reliance on the part of a ward or for other good cause, the court, at the time of appointment or later, on its own motion or on appropriate petition or motion of the minor or other interested person may create a limited guardianship by limiting the powers of a guardian otherwise conferred by this section.

A.R.S. § 14-5209(E)(1)

A limited guardianship can be tailored to the child's situation. The court can restrict specific powers at the time of appointment or later. Any limitation must be noted on the guardian's letters. This flexibility allows the arrangement to evolve as the child's circumstances change.

A. A guardian of a minor has the powers and responsibilities of a custodial parent regarding the ward's support, care and education. A guardian is not personally liable for the ward's expenses and is not liable to third persons by reason of the relationship for acts of the ward. B. In particular, and without qualifying the foregoing, a guardian shall: 1. Become or remain personally acquainted with the ward and maintain sufficient contact with the ward to know of the ward's capacities, limitations, needs, opportunities and physical and mental health. 2. Take reasonable care of the ward's personal effects and commence protective proceedings if necessary to protect other property of the ward. 3. Apply any available monies of the ward to the ward's current needs for support, care and education. 4. Conserve any excess monies for the ward's future needs, but if a conservator has been appointed for the estate of the ward, the guardian, at least quarterly, shall pay to the conservator money of the ward to be conserved for the ward's future needs. 5. Report the condition of the ward and of the ward's estate which has been subject to his possession or control, as ordered by the court on petition of any person interested in the ward's welfare or as required by court rule. C. A guardian may: 1. Receive monies payable for the support of the ward under the terms of any statutory benefit, insurance system, private contract, devise, trust, conservatorship or custodianship, and monies or property of the ward paid or delivered pursuant to section 14-5103. 2. Take custody of the person of the ward and establish the ward's place of residence in or outside this state, if consistent with the terms of an order of a court of competent jurisdiction relating to the detention or commitment of the ward. 3. If no conservator for the estate of the ward has been appointed, institute proceedings, including administrative proceedings, or take othe...

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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