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. This includes family members, caregivers, and others concerned about the person's wellbeing.
The petition must cover key details. These include the petitioner's interest, the person's name and address, and the proposed guardian. It must also list any existing conservator, the nearest known relative, a general statement of property, and the reason guardianship is needed.
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)For a general guardianship, the petition must explain why a limited one would not work. For a limited guardianship, it must list the specific powers being sought.
The law also requires disclosure of certain documents. These include any healthcare power of attorney, durable power of attorney with a guardian nomination, or trust interests.
Protections Built Into the Process
The law gives strong protections to the person alleged to be incapacitated. The court must appoint an attorney unless the person already has one.
A court-appointed investigator interviews the person and visits where they live. The investigator also inspects the proposed living arrangement.
A physician, psychologist, or registered nurse must conduct a medical exam. The report covers diagnosis, mental health, daily living abilities, medications, and prognosis. This helps the court see the full picture before the hearing.
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 basic rights from an adult. As a result, the process is strict on purpose. No one loses their independence without clear proof and due process.