How the Appointment Works
Planning for incapacity is one of the most important steps in estate planning, and Arizona gives parents and spouses a meaningful tool. Through a will or other signed writing, a parent can name a guardian for an unmarried child who the parent believes is incapacitated. A spouse can do the same for the other spouse.
A parent, by will or other signed writing, may appoint a guardian for an unmarried child who the parent believes is an incapacitated person, specify desired limitations on the powers to be given to the guardian and revoke or amend the appointment before confirmation by the court.
A.R.S. § 14-5301(A)The appointing person can also set specific limitations on the guardian's powers, tailoring the role to fit the situation. And the appointment remains flexible: it can be changed or revoked at any time before the court confirms it.
Objections and Court Confirmation
Until the court confirms the appointment, several people have the right to object. The incapacitated person, the person currently providing care, or the closest adult relative can file a written objection. Filing an objection terminates the appointment, though it does not prevent the court from later appointing the same person through the standard judicial process.
On petition of the appointing parent or spouse and a finding that the appointing parent or spouse will likely become unable to care for the incapacitated person within two years, before the appointment becomes effective, the court may confirm the appointing parent's or spouse's selection of a guardian and terminate the rights of others to object.
A.R.S. § 14-5301(D)This pre-confirmation option is particularly valuable for aging parents who care for adult children with disabilities. If the court finds that the parent will likely become unable to provide care within two years, it can lock in the guardian selection early, giving the family certainty and preventing future disputes during a difficult transition.
