File for Adult Guardianship/Conservatorship
Adult Guardianship/Conservatorship Division
Guardianship cases can be filed by anyone with a concern about the welfare of an individual. The prospective guardian does not need to be a family member. Guardianship of an Adult is obtained when a person wishing to be the Guardian of an Adult files a Petition for Guardianship with the court and the Judge rules to appoint the Guardian. The person filing the paperwork is referred to as the "Petitioner "; the person requiring management is referred to as the "Ward ".
Types of Adult Guardianship Cases
Guardianship An adult generally needs a guardian if the adult is unable to make or communicate responsible decisions concerning his or her person and needs the care and supervision of another adult, which is not presently available. If the Court determines a Guardianship is needed, an Order Appointing Guardian will be signed and filed.
Conservatorship An adult generally needs a conservator when proper monetary management is necessary to protect the adult's estate or property, or the adult needs funds for his or her support, care and welfare, or the funds are needed for the support, care and welfare of those individuals entitled to be supported by the adult. For an Adult Conservatorship, the Court must find the adult is incapable of managing his/her own affairs. The Court may appoint an attorney, physician or investigator for the individual to report to the Court as to the individual's incapacity. If the Court determines that a Conservatorship is needed, an Order Appointing Conservator will be signed and filed.
Guardianship/Conservatorship cases are filed when both a person and his/her assets are in need of management.
Effective September 1, 2012, any person who is neither a licensed fiduciary under A.R.S. § 14-5651 nor a financial institution shall complete a training program approved by the supreme court before letters to serve as a guardian, conservator, or personal representative.
How to File a Guardianship
Guardianship/Conservatorship of an Adult
Forms are available at any of the Clerk of the Superior Court office locations.
Once it is decided which type of management the person needs, the Petitioner should file a Petition for Appointment of Guardian, a Petition for Appointment of Conservator, or a Petition for Guardianship/Conservatorship in the Superior Court. Along with the Petition, the Petitioner will file a Cover sheet, Affidavits, and a Notice of Hearing.
Once you are Appointed Guardian and/or Conservator
Annual reviews will be set to determine the necessity to continue the Guardianship and/or Conservatorship. The Petitioner will need to file annual reports (and in Conservatorship cases annual accountings will need to be filed) to keep the Judge informed of the level of incapacity of the ward and the necessity for the continuance of the Guardianship and/or Conservatorship. If the reports are filed by their due date, it will not be necessary for you to personally appear for the review hearing.
Note: If you have any questions or concerns regarding your duties as a Guardian/Conservator, you will need to contact an attorney.