Who Can Petition to Remove a Guardian
Arizona does not limit the right to ask for removal to family members. Any person who cares about the ward's welfare can ask the court to remove a guardian. The standard is clear: removal must serve the ward's best interests.
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 file on their own if they are fourteen or older. A removal petition can include a request for a new guardian. However, that request is not required.
The court can handle the new appointment on its own.
The Court's Authority After a Hearing
Both removal and resignation require a hearing. The court does not rubber-stamp these requests.
The court must give notice to the ward (if at least fourteen), the current guardian, and others it directs.
After the hearing, the court can end the guardianship. It can also issue any other orders it sees fit. This means the court can appoint a new guardian right away or set up short-term plans.
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 rule gives the child their own legal voice when needed. It matters most in contested cases where the guardian and the person filing disagree.