FAQ - Guardianship
Do I have to file the proof of notice or consent?
Yes, after everyone has been notified or has signed the consent to the guardianship, take the appropriate forms back to the Clerk at the Superior Court:
If notification was required, file the Notice of Hearing and Proof of Notice
If the parents have consented to the guardianship, file the Consent and Waiver
What are the general guardian responsibilities of an adult ward?
The duties of limited guardianship may be different than general guardianship
Unless there is a commitment order, a guardian is responsible for the ward's:
care
comfort
maintenance
training
education
If the ward needs mental health treatment or commitment, you must address it in the petition.
How do I establish guardianship and conservatorship of an adult?
Guardianships and conservatorships are both handled in probate court in your local superior court. Your local self-service center may have forms with instructions available that you can prepare, or you may seek the help of an attorney. The office of the clerk can inform you of the current filing fee, if any.
How do I prepare a report of a guardian?
Your local superior court may have forms with instructions available that you can prepare, or you may seek the help of an attorney.
Resources:
Arizona Supreme Court Probate webpage
Maricopa County Probate cases webpage
What happens after minor guardianship is granted?
Once the Court grants you guardianship, you have an obligation to care for the minor as a parent and to perform the legal duties of a guardian. In certain situations, you may need to prove you are the legal guardian to the minor. To show proof of guardianship you are issues Letters of Guardianship by the Court. Keep these letters safe and make sure to make copies to share with doctors, schools, etc...
As a guardian (or conservator), do I have to file an annual report?
Yes. Standardized forms with instruction can be found on the Arizona Supreme Court Probate page. Instructional videos listed on that site can help you better understand the forms and what is required of you or you can read Arizona Revised Statutes, Title 14, which also lists additional procedures and requirements in this area.
Resources:
Arizona Supreme Court Probate webpage
Trusts, Estates, and Protective Proceedings A.R.S. Title 14
Do I have to be fingerprinted?
If you are a blood relative, you do not need to be fingerprinted. If you are not a blood relative of the minor, the Court will require you to provide a full set of fingerprints to the Court to have a criminal background check completed. For the purposes of guardianship, a blood relative is any of the following: birth parent, adoptive parent, sibling with at least one parent in common, grandparent, great-grandparent, aunt, uncle, or a first cousin.
If you are not a blood relative asking to be appointed as the guardian of a minor, you must ask for the fingerprint packet while you are at the Clerk's Office filing your Petition for Guardian of a minor.
What happens if the parents want to end the guardianship?
If a parent is ready to resume care of their minor, they can ask the Court to end the guardianship. They would file a Revocation of Parental Consent to Guardianship and Petition to Terminate the Guardianship. Once the request has been submitted to the Court a hearing will be set, at which time a judge will decide whether to end the guardianship.
What do I do after I have completed the forms?
Once you have completed the forms, you must print them and sign them in the areas designated for the Petitioner's Signature. Do Not sign the forms if they require a notary's signature.
You need one copy of the forms for yourself, one copy of the forms for each person who needs to be notified, and the originals go to the Courthouse.
All copies and the originals are submitted to the Superior Court in the county where the child lives.
Can an incapacitated adult who has been appointed a guardian vote?
General Guardianship: the incapacitated adult will lose their right to vote when they are appointed a guardian.
Limited Guardianship: the guardian must request that the person be able to vote in the petition. the judge determines at the hearing by clear and convincing evidence that the person understands the process and right to vote.
What is a guardian?
A guardian exercises parental powers and responsibilities for a minor with approval of the Court but a guardian is not legally responsible for the support of the minor.
This process is voluntary and temporarily gives the parental rights to the guardian
A guardianship does not terminate the parents' rights or their obligation of child support
Either parent of the minor can end a guardianship at any time, for any reason
By accepting appointment as guardian, you agree to meet the responsibilities required by the Court
What happens to the driver's license of an incapacitated adult?
Most of the time, when a guardian is appointed the incapacitated adult loses their ability to obtain or keep a driver's license. The Court may allow the person to keep or get a license is they are presented with enough evidence to show that they can safely operate a vehicle.
If you believe that they should be allowed to drive, you must specifically request that in your petition and must include medical (or other) evidence that they are able to drive safely.
Can I use the income of my ward to help cover rent/mortgage?
No, the income of a ward can only be used for their support, care, and education. You may not charge for room and board, unless it is listed in the court order.
What is a minor guardianship?
Minor guardianship is a Court process that approves a person to act in place of a parent and take responsibility for a minor. A guardianship can be established for a short time (such as while a legal parent is working out of town or during deployment) or can continue until the minor turns 18.
If the Court appoints you as a guardian for a minor, you will become responsible to the Court. It is important that you clearly understand your responsibilities prior to accepting guardianship of a minor.
Who do I have to notify?
After filing the petition for guardianship, you must notify the minor's parents by serving the Notice of Hearing. Notice must be given to both parents of the minor, anyone the minor has lived with in the past 60 days, and the minor if they are 14 years of age or older.
A copy of the Notice of Hearing and the Petition must be mailed to these persons at least 19 days before the hearing or hand delivered at least 14 days before the hearing
They may sign a consent to the guardianship and a waiver of the requirement of notice
Any of these persons whose whereabouts or identities are unknown must be notified by publication after a diligent search
When does a minor need a conservator?
A minor generally needs a conservator if the minor:
Owns money or property more than $5,000 that requires management or protection
Has business affairs/assets which may be jeopardized or prevented by them being a minor
Needs funds for their support and education, and protection is necessary or desirable to obtain or provide the funds
How much does it cost?
The Court is required to charge fees to file the documents related to minor guardianship. You are able to apply for a fee waiver or deferral if you are unable to afford the filing fee. A Petition to Appoint Guardian as of 2017: $156.00.
What does a guardian do?
As a guardian, you are responsible for seeing that the minor's personal needs are met. This includes food, clothing, shelter, medical needs, education, social development, and religious activities. You must provide for the safety, protection, and emotional well-being of the minor. Like a parent, you should maintain close contact with the teachers and doctors of the minor.
Who may be a guardian?
Before appointing a guardian for a minor, the Court must determine that the parents agree to the guardianship, that the parents cannot care for the minor because of circumstances, or there is no living parent. The parents must sign a consent form or be given notice of the guardianship proceedings and an opportunity to object.
Once the Court has determined that appointment of a guardian is necessary, the Court will select a guardian in the best interests of the minor. A guardian can be a relative, friend, or other interested person. Preference is given to the parents' choice of guardian, followed by preference to family members before other interested persons, but the Court will appoint a guardian that is in the minor's best interests.