How the Appointment Works
Planning for incapacity is one of the most important steps in estate planning. Arizona gives parents and spouses a strong tool for this.
Through a will or other signed writing, a parent can name a guardian for an unmarried child they believe cannot care for themselves. 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 person making the appointment can also limit the guardian's powers. This means they can shape the role to fit the situation.
The appointment stays 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 can object. The person who needs care, the current caregiver, or the closest adult relative can file a written objection.
Filing an objection ends the appointment. However, it does not stop the court from later choosing the same person through the standard 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 early confirmation option helps aging parents who care for adult children with disabilities. If the court finds the parent will likely need to stop providing care within two years, it can lock in the guardian choice early.
As a result, the family gains certainty. It also prevents future disputes during a difficult time.