The Guardian's Duty to Encourage Contact
One of the most sensitive aspects of guardianship is what happens to a ward's personal relationships. The law is clear: guardians must encourage and allow contact. This applies to anyone who has a significant relationship with the ward. Protecting the ward's best interest includes maintaining those connections.
A guardian shall encourage and allow contact between the ward and other persons who have a significant relationship with the ward. Notwithstanding subsection A of this section, a guardian shall not limit, restrict or prohibit contact between the ward and any person with whom the ward wishes to have contact unless the guardian reasonably believes that the contact will be detrimental to the ward's health, safety or welfare.
A.R.S. § 14-5316(A)(B)The guardian must also consider the ward's own wishes. If the ward has sufficient mental capacity to express a preference, that preference matters. This protects the ward's autonomy even within guardianship.
How Family and Friends Can Petition for Contact
If a guardian restricts contact, the people affected have options. Any person with a significant relationship to the ward can petition the court for a contact order. The ward can also petition. The petitioner must show they have a meaningful relationship. The guardian must prove by clear and convincing evidence that the contact would be harmful.
The court considers several factors. These include the history of the relationship, the ward's wishes, the mental and physical health of both parties, and any history of domestic violence, abuse, neglect, or exploitation.
If the court finds that the guardian has unreasonably denied contact, the consequences can be significant. The court granted authority to remove the guardian entirely. It may also order the guardian to pay attorney fees. Acting in the ward's best interest means preserving the human connections that matter most.