Who Can Petition to Remove a Guardian
Arizona does not limit the right to petition for removal to family members. Any person interested in the welfare of the ward can ask the court to remove a guardian. The standard is clear: removal must be in the best interests of the ward.
Any person interested in the welfare of a ward or the ward, if fourteen or more years of age, may petition for removal of a guardian on the ground that removal would be in the best interests of the ward, or for any other order that is in the best interest of the ward.
A.R.S. § 14-5212(A)The ward can also petition on their own behalf if they are fourteen or older. A removal petition can include a request for a successor guardian, but that is not required. The court can address the successor appointment separately.
The Court's Authority After a Hearing
Both removal and resignation require a hearing. The court does not rubber-stamp these petitions. Notice must be given to the ward (if at least fourteen), the current guardian, and anyone else the court directs.
After the hearing, the court can terminate the guardianship and issue any additional orders it considers appropriate. This flexibility allows the court to tailor the outcome to the specific situation, whether that means appointing a new guardian immediately or putting temporary arrangements in place.
If, at any time in the proceeding, the court determines that the interests of the ward are, or may be, inadequately represented, it may appoint an attorney to represent the minor, giving consideration to the preference of the minor if the minor is fourteen or more years of age.
A.R.S. § 14-5212(D)This protection ensures the child has independent legal representation when needed, particularly in contested situations where the guardian and the petitioner may have conflicting interests.