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A.R.S. § 14-5307

Replacing or Removing a Guardian

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

Arizona law allows the court to replace a guardian or conservator if it is in the ward's best interest. The ward can also petition the court at any time to end the guardianship or request a new guardian, even by writing an informal letter to the judge.

Title 14, PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY

azleg.gov

How a Guardian Gets Replaced

A guardian is not permanent. Any family member or other person interested in the ward's welfare can petition the court to substitute the guardian or conservator with someone new. The court's standard is straightforward: substitution must be in the ward's best interest. The judge does not need to find that the current guardian acted inappropriately.

On petition of the ward or any person interested in the ward's welfare, or on the court's own initiative, the court shall substitute a guardian and appoint a successor if it is in the best interest of the ward. The court does not need to find that the guardian acted inappropriately to find that the substitution is in the ward's best interest.

A.R.S. § 14-5307(A)

If the incapacitated adult is at least fourteen years old and has sufficient mental capacity, the court may appoint someone the ward nominates. A guardian can also petition to resign, and the court may accept the resignation and make appropriate orders for transition of personal care responsibilities.

The Ward's Right to Challenge the Guardianship

Arizona provides strong protections for the ward's voice. The ward can petition to terminate the guardianship entirely by asking the court to find they are no longer incapacitated. This request can be made by informal letter to the court or judge. Anyone who knowingly interferes with the delivery of that letter may be held in contempt of court.

The ward may petition the court for an order that the ward is no longer incapacitated or petition for substitution of the guardian at any time. A request for this order may be made by informal letter to the court or judge.

A.R.S. § 14-5307(B)

Other interested parties face timing restrictions. They generally cannot file a petition to substitute the guardian or terminate the incapacity finding within the first year. The court may permit early filing based on affidavits showing good cause. These safeguards balance stability with accountability.

When a ward regains capacity, the process to terminate the guardianship requires a court report with the court and a hearing. The guardian or conservator must account for all assets managed during their appointment. If the ward has turned 18 since the original appointment, additional factors may apply. The court ensures that guardianship orders can be revisited when circumstances change.

14-5307. Substitution or resignation of guardian; termination of incapacity A. On petition of the ward or any person interested in the ward's welfare, or on the court's own initiative, the court shall substitute a guardian and appoint a successor if it is in the best interest of the ward. The court does not need to find that the guardian acted inappropriately to find that the substitution is in the ward's best interest. The guardian and the guardian's attorney may be compensated from the ward's estate for defending against a petition for substitution only for the amount ordered by the court and on petition by the guardian or the guardian's attorney. When substituting a guardian and appointing a successor, the court may appoint an individual nominated by the ward if the ward is at least fourteen years of age and has, in the opinion of the court, sufficient mental capacity to make an intelligent choice. On petition of the guardian, the court may accept a resignation and make any other order that may be appropriate. B. The ward may petition the court for an order that the ward is no longer incapacitated or petition for substitution of the guardian at any time. A request for this order may be made by informal letter to the court or judge. A person who knowingly interferes with the transmission of this request may be found in contempt of court. C. An interested person, other than the guardian or ward, shall not file a petition for adjudication that the ward is no longer incapacitated earlier than one year after the order adjudicating incapacity was entered unless the court permits it to be made on the basis of affidavits that there is reason to believe that the ward is no longer incapacitated. D. An interested person, other than the guardian or ward, shall not file a petition to substitute a guardian earlier than one year after the order adjudicating incapacity was entered unless the court permits it to be made on the basis of affidavits...

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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