When a loved one can no longer manage their own affairs due to incapacity, guardianship and conservatorship provide a legal framework for their care and financial protection.
When a parent develops dementia, or a young adult suffers a traumatic brain injury, someone needs the legal authority to make decisions on their behalf. If that person did not sign powers of attorney while they were still competent, the only option is a court proceeding called guardianship or conservatorship.
These are two separate legal roles, and the court can appoint the same person or different people to each. A professional fiduciary can step in if no suitable family member is available.
No family plans for guardianship. But when a loved one can no longer manage their own affairs, having the right team makes the difference between months of confusion and a clear path forward.
Guardianship and conservatorship proceedings in Arizona require filing a petition with the Superior Court, providing medical evidence of incapacity, and attending a court hearing. The alleged incapacitated person has the right to an attorney, and the court investigates the petition before making a decision.
The entire process can take 60 to 90 days and cost $5,000 to $15,000 in legal and court fees.
At RJP, we help families initiate guardianship proceedings when necessary. More importantly, we help you put planning in place now so your family never needs to go to court.
Guardianship and conservatorship serve people who need legal protection.
When a parent develops dementia or Alzheimer's and did not sign powers of attorney while competent.
Individuals who have never been able to manage their own affairs may need a permanent guardian.
Children who lose both parents need a court-appointed guardian to care for them.
When a loved one is suddenly incapacitated by accident or illness and has no documents in place.
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