What a Guardian Can and Must Do
Once the court appoints a guardian, that person holds the same authority a parent has over a minor child. That is a broad grant of power. The statute lists specific duties that come with it.
The guardian has custody of the ward and decides where the ward lives. They must also arrange for support, care, and education. The guardian can consent to medical treatment as well.
A guardian of an incapacitated person has the same powers, rights and duties respecting the guardian's ward that a parent has respecting the parent's unemancipated minor child, except that a guardian is not liable to third persons for acts of the ward solely by reason of the guardianship.
A.R.S. § 14-5312(A)If no conservator has been appointed, the guardian can also handle certain financial matters. This includes receiving money and property for the ward. The guardian applies those funds toward the ward's support.
The guardian is not liable to third parties for the ward's actions. However, the guardian cannot charge the ward for room and board from the guardian's own family without court approval.
The Duty to Promote Independence
Arizona law does not treat guardianship as a blank check. The statute places clear duties on the guardian. The guardian must seek the least restrictive living arrangement.
They must also encourage the ward's self-reliance. The guardian should actively work toward limiting or ending the guardianship when possible.
If appropriate, a guardian shall encourage the ward to develop maximum self-reliance and independence and shall actively work toward limiting or terminating the guardianship and seeking alternatives to guardianship.
A.R.S. § 14-5312(A)(7)The guardian must also consider the ward's own values and wishes when making decisions. For wards with developmental disabilities, the statute adds more factors. These include the degree of disability and the person's own desires.
These rules reflect Arizona's goal of treating guardianship as a support system. It should not replace the ward's identity and preferences.