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A.R.S. § 14-5301

Guardian Appointment by Will

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

Arizona lets a parent or spouse name a guardian for a family member who cannot care for themselves. They can do this through a will or signed document. The appointment can be changed or revoked before the court confirms it. Family members and caregivers may file objections. An objection ends the appointment unless the court already confirmed it.

Title 14, PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY

azleg.gov

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.

A. 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. Appointments become effective only as prescribed pursuant to section 14-5301.01, subsection A. B. An individual, by will or other signed writing, may appoint a guardian for the individual's spouse who the appointing spouse 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. An appointment pursuant to this subsection becomes effective only as prescribed pursuant to section 14-5301.01, subsection A. C. Unless the court has confirmed the appointment pursuant to subsection D of this section, the incapacitated person, the person having care or custody of the incapacitated person if other than the appointing parent or spouse or the adult nearest in kinship to the incapacitated person may file a written objection to an appointment. The filing of the written objection terminates the appointment. An objection may be withdrawn and, if withdrawn, has no effect. The objection does not preclude judicial appointment of the person selected by the appointing parent or spouse. Notice of the objection must be given to the guardian and any other person entitled to notice of the acceptance of the appointment. The court may treat the filing of an objection as a petition for the appointment of a temporary guardian pursuant to section 14-5310 or for the appointment of a limited or general guardian pursuant to section 14-5303 and proceed accordingly. D. 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. Notice must be given to the guardian and any other person entitled to notice of the acceptance of the appointment.

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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