How Compensation Works When a Petition Is Granted
Guardianship proceedings involve multiple professionals. Investigators evaluate the situation. Attorneys represent the parties. Physicians assess capacity. When the court grants a guardianship petition, the ward's estate generally pays for all of these services.
If not otherwise compensated for services rendered, an investigator, accountant, lawyer, physician, registered nurse, psychologist, guardian or guardian ad litem who is appointed pursuant to this article, including an independent lawyer representing the alleged incapacitated person pursuant to section 14-5303, subsection C, is entitled to reasonable compensation from the estate of the ward if the petition is granted, or from the petitioner if the petition is denied.
A.R.S. § 14-5314(A)If the petition is denied, the person who filed it bears the cost. This structure discourages frivolous petitions while ensuring that legitimate cases have access to the professional resources needed for a thorough evaluation.
What Happens With Withdrawn or Dismissed Petitions
When a petitioner withdraws the case or fails to follow through, the court has discretion. It may charge the ward's estate or the petitioner, depending on the facts and circumstances. The court considers what is fair given how the case unfolded.
Attorneys hired by the proposed guardian or the petitioner are also entitled to reasonable compensation from the ward's estate when the petition succeeds. If the ward's estate cannot cover these costs, the court determines and pays reasonable compensation itself, and the county may recover those expenses from the estate when funds become available.
Understanding these financial realities upfront helps families prepare for the true cost of a guardianship proceeding, which goes well beyond the filing fees.
