Who Can File and What the Petition Must Include
Any person interested in the welfare of an alleged incapacitated person can file a petition for guardianship. The petition must include specific information: the petitioner's interest, the person's name and address, the proposed guardian, any existing conservator, the nearest known relative, a general statement of property, and the reason guardianship is necessary.
The alleged incapacitated person or any person interested in that person's affairs or welfare may petition for the appointment of a guardian or for any other appropriate protective order.
A.R.S. § 14-5303(A)If a general guardianship is requested, the petition must explain why a more limited guardianship would not work. If a limited guardianship is requested, the petition must specify which powers are being sought. The law also requires disclosure of any existing healthcare power of attorney, durable power of attorney with a guardian nomination, or trust interests.
Protections Built Into the Process
Arizona provides significant protections for the person alleged to be incapacitated. The court must appoint an attorney unless the person already has independent counsel. A court-appointed investigator interviews the person, visits their current home, and inspects the proposed living arrangement. A physician, psychologist, or registered nurse must conduct a medical examination and submit a written report covering the person's diagnosis, functional impairments, daily living abilities, medications, and prognosis.
The alleged incapacitated person is entitled to be present at the hearing and to see or hear all evidence bearing on that person's condition. The alleged incapacitated person is entitled to be represented by counsel, to present evidence, to cross-examine witnesses, including the court-appointed examiner and investigator, and to trial by jury.
A.R.S. § 14-5303(C)These safeguards exist because guardianship removes fundamental rights from an adult. The process is intentionally rigorous to ensure that no one loses their autonomy without clear justification and due process.
