Arizona guardianship law is the relationship between a responsible adult and a minor or other adult that is substantially unable to care for their daily needs. The adult is the guardian and the subject of the guardianship is the ward. Under a conventional guardianship agreement, one will be tasked with making health, financial and lifestyle decisions on behalf of the ward. These terms are not absolute and can be changed by a court, subject to an agreement, or make considerations for the ability of the ward to make decisions and function in spite of other inabilities.
Under what conditions can guardianship protection be issued under Arizona guardianship law?
Generally, guardianship can be assigned when there are any of the following factors affecting the potential ward, under Arizona guardianship law:
– Drug use
– Mental illness
– Physical inability to care for their needs
– Financial issues that would make them dependent
Responsibility of the guardian under Arizona guardianship law
The guardian is responsible for making major decisions on the health and welling being of the ward, typically, if there are mental and physical issues that need treatment. The guardian would make those decisions accordingly to ensure that proper care is given. The guardian might be trusted with making financial decisions using the assets and estate of the protected person, though this is not included in a conventional agreement and the court can and will modify this as needed. Generally, a conservator would deal with financial matters while the guardian would deal with daily needs and medical care.
Becoming the appointed guardian under Arizona guardianship law
Under Arizona guardianship law, one will need to petition for either guardianship or conservatorship with the court. This move may require legal counsel of some sort to work through the process with the court. The ward too, will need to be present in most cases and must have legal counsel to determine if Arizona guardianship law can be applied with the best interests of the protected person. Notice is given to immediate relatives as well, even if the proposed guardian is also a relative.
Emergencies under Arizona guardianship law
There exists a provision in Arizona guardianship law that will allow for guardianship to be assigned quickly, skipping much of the process, including the judge and jury deliberations on the suitability of the guardianship. You will work with an attorney for emergency guardianship and the arrangement will be reviewed properly at a reasonable interval after the guardianship has been secured. You will need to file all necessary petitions, notify all parties to the guardianship as well as physicians and other important persons and also have the case proceed for a judge’s approval.
Emergency situations often involve immediate danger on the part of the ward that endangers their health and safety as well as self-inflicted financial damage. Arizona guardianship law allows for relatives and other concerned persons to step in and take control of the decision making on the part of the protected person that can no longer work in their own interests, as also determined by Arizona guardianship law.
Arizona guardianship laws provide for a protected person to be entered under the care of a trusted relative, friend or legal professional. This guardian would be empowered by court order and AZ guardianship law to make substantial decisions affecting the health and wellbeing of the protected person. This includes decisions on, medical care, limited financial decisions and lifestyle. Arizona guardianship laws provide some limitations on what the protected person can retain control over and the court will modify the conventional AZ guardianship law arrangement as needed to reflect the ability of a protected person to manage a few aspects of their affairs. Arizona guardianship laws provide for both mental and physical incapacity, including that of minors.
Note that while the convention Arizona guardianship laws do not provide for control of the estate, this might be included or subject to a separate conservator relationship with the protected person.
What are the standards necessary to merit consideration under Arizona guardianship laws?
Minors that have no other legal guardians are prime targets for Arizona guardianship laws. Whomever is an adult with some existing relationship with the child, can be declared the guardian under Arizona guardianship laws. There are some limitations of course and AZ guardianship law will match the minor to a close relation or strong family friend before all other potential candidates. No child is considered legally able to make their own decisions and will need a guardian.
There are a number of conditions that might have an otherwise healthy adult declared in need of a guardian. This includes drug use and mental issues. The mental issues might range from intense psychosis requiring constant watch and evaluation to simple issues like an inability to use money to care for their needs. The responsibilities of the guardian under Arizona guardianship laws will depend on the court order and functioning behavior of the protected person.
What are the obligations of the guardian under Arizona guardianship laws?
The obligations of the guardian, under AZ guardianship law include ensuring the basic needs of the protected person are met. If the protected person is ill, then the guardian is tasked with making important decisions on the health and wellbeing of the protected person. This will include accepting certain medical treatments and seeking specific medical care.
The daily needs of the protected person also need to be met and this is usually included in the arrangement as per Arizona guardianship laws, unless the protected person demonstrates the ability to function. In that case the guardian under AZ guardianship law, would only make key decisions on treatment.
How to become a guardian under AZ guardianship law
The prospective guardian will have to petition to be appointed guardian. They will demonstrate their relationship with the protected person and note the reasons for seeking guardianship. The protected person might be represented by legal counsel if they disagree with the assertion that they are in need of a guardian under AZ guardianship law.