The Priority Order for Guardian Appointments
When the court picks a guardian, it does not choose at random. A ranked list sets the order. The incapacitated person's own wishes carry major weight.
If the person named someone in a durable power of attorney, that choice matters. The court recognizes it in the priority order.
The court may consider the following persons for appointment as guardian in the following order: 1. A guardian or conservator of the person or a fiduciary appointed or recognized by the appropriate court of any jurisdiction in which the incapacitated person resides. 2. An individual or corporation nominated by the incapacitated person if the person has, in the opinion of the court, sufficient mental capacity to make an intelligent choice.
A.R.S. § 14-5311(B)After existing fiduciaries and the person's own nominee, the list goes on. Next comes the agent named in a power of attorney, then the spouse.
Adult children, parents, and any relative who lived with the person for over six months follow. Licensed fiduciaries and public fiduciaries round out the list.
Why a Durable Power of Attorney Matters Here
This statute is one of the strongest reasons to have a durable power of attorney. The agent named in that document ranks third on the list. Only existing court-appointed fiduciaries and the person's own nominee rank higher.
Without that document, the court decides based on the statutory order. As a result, planning ahead gives families more control over who serves.
The court can also pass over someone with higher priority for "good cause." For example, this may happen if a power of attorney is invalid. It may also apply if honoring it would not serve the person's best interests.
For good cause the court may pass over a person who has priority and appoint a person who has a lower priority or no priority.
A.R.S. § 14-5311(F)Families with young adults who have developmental disabilities should note subsection D. If a petition is filed within two years of the person's eighteenth birthday, the court typically appoints whoever had legal decision-making authority.
This helps create a smoother shift from parental rights. The court may also request a written report about the person's condition and needs.