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Guardianship

How to avoid a Guardianship or Conservatorship

HEALTH CARE POWER OF ATTORNEY: Nominate an Agent to carry out your wishes prior to becoming incapacitated. In a Health Care Power of Attorney you can make it known that you consent or do not consent to an autopsy or express whether or not you want to make an Organ or Tissue Donation.

LIVING WILL: Before you become incapacitated you may convey your wishes for life support or cardiopulmonary rescusitation, artificial food and fluids or whether you want the medical treatment that would keep you comfortable.

DURABLE POWER OF ATTORNEY: Nominate an Agent to handle your financial affairs before you become incapacitated.

THE IDEA IS TO DO THIS BEFORE INCAPACITY!

Guardianship or Conservatorship may be required if you do not have a Health Care Power of Attorney, a Living Will or a Durable Power of Attorney.

Guardianship for an Adult or Minor in Arizona

If someone you know becomes incapacitated or is a minor and in need of a legal guardian to protect them a Guardianship may be established using a Tucson Guardianship Attorney or a Tucson Guardianship Paralegal like AZ Statewide Paralegal.

Guardianship of the person may allow the guardian to have responsibility of the following for the ward:

  • Determining and monitoring place of the wards residence
  • Consenting to and monitoring medical treatment
  • Consenting to and monitoring non-medical services such as education or counseling
  • Releasing confidential information
  • Making end-of-life decisions
  • Maximizing independence in least restrictive manner

THE PROCESS FOR OBTAINING GUARDIANSHIP OF MINOR

  • File a Petition for Guardianship
  • Serve the Ward or Minor (if Minor is over age of 14)
  • Obtain a hearing date

THE PROCESS FOR OBTAINING GUARDIANSHIP OF ADULT

  • File a Petition for Guardianship
  • Serve the Ward
  • Notify all interested parties
  • Obtain a court appointed attorney for the Ward
  • Obtain a court appointed investigator
  • Obtain a court appointed physician
  • Obtain a hearing date

Conservatorship for Adult or Minor in Arizona

If someone you know becomes incapacitated and is unable to manage their financial affairs to the point that they have assets that will be wasted or dissapated and are in need of a conservator, a Conservatorship may be established using a Tucson Conservatorship Attorney or a Tucson Conservatorship Paralegal like AZ Statewide Paralegal.

REQUIREMENTS OF THE CONSERVATOR:

  • Make periodic reports to the court
  • Petition the court for additional authority under certain circumstances
  • Purchase a surety bond
  • Manage the financial affairs of the Ward

PROCESS FOR CONSERVATORSHIP

  • File a Petition with the Court
  • Serve the incapacitated person
  • Notify all interested parties
  • Obtain a court appointed attorney
  • Obtain a court appointed physician
  • Obtain a court appointed investigator
  • Obtain a hearing date