Guardianship

GUARDIANSHIP

Guardianship may be needed when a person is physically or mentally unable to make or communicate responsible decisions regarding their own person (for example, decisions regarding health care, including mental health care, and decisions regarding living arrangements) and requires someone legally authorized to make such decisions on their behalf.

The court can appoint a guardian for an adult or someone who is at least 17.5 years of age and will need a guardian and/or conservator when they turn 18.
Guardianship can be temporary (no longer than 6 months) or permanent.
In order to apply for guardianship, a physician, psychologist, or registered nurse will have to complete a Health Professional’s Report.

HOW CAN WE HELP?

At Dynasty Legal Documents, we draft and file all the documents needed in order for you to petition the court for guardianship, set up your court hearing, make sure the court appointed attorney and court investigator are appointed, provide notice to all interested parties, provide documents needed for your hearing, and even assist you after your appointment with your yearly filings.

Yearly filings are required if you are appointed as guardianship. This filing includes the Annual Report of Guardian. Dynasty Legal Documents can help you file your yearly required documents, so you are in compliance with the court order.

Let Dynasty Legal Documents handle all the hard work!

Guardianship $1,200.00

Our pricing also includes filing all documents in your case. (Filing Fees are not included)
Conservatorship $1,200.00

Our pricing also includes filing all documents in your case. (Filing Fees are not included)
Guardianship and Conservatorship $1,500.00

Our pricing also includes filing all documents in your case. (Filing Fees are not included)

WHEN IS A GUARDIANSHIP NEEDED?

1. You want to appoint a guardian for an incapacitated adult.

2. You want to appoint a guardian for an incapacitated minor child who is getting ready to turn 18.

3. You do not have a Power of Attorney already in place for the incapacitated person.

4. The incapacitated person is impaired by reason of mental illness, mental deficiency, mental disorder, physical illness or disability, chronic use of drugs, chronic intoxication or other cause, except minority, to the extent that he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his/her person.

5. Your loved one is in the hospital and is considered incapacitated and is in need of temporary guardianship.

6. The incapacitated person has been placed into a mental facility and you need to be able to make their medical and mental health decisions.

TERMS USED FOR GUARDIANSHIP

Superior Court Website: (https://superiorcourt.maricopa.gov/ll/gc/)

“Guardian” means a person who (is) qualified as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment but excludes a person who is merely guardian ad litem. ARS §14-1201. A guardian is an adult who has legal authority to make personal decisions for the minor or incapacitated adult, including responsibility for their physical, medical, and educational needs. Nolo.com

“Incapacitated person” means any person who is impaired by reason of mental illness, mental deficiency, mental disorder, physical illness or disability, chronic use of drugs, chronic intoxication or other cause, except minority, to the extent that he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person. ARS §14-5101.

“Protected person” means a minor or any other person for whom a conservator has been appointed or any other protective order has been made. ARS §14-5101.

“Ward” means a person for whom a guardian has been appointed. “Minor ward” means a minor for whom a guardian has been appointed solely because of minority. ARS §14-5101.

STATUTES AND RULES

Superior Court Website: (https://superiorcourt.maricopa.gov/ll/gc/)

Arizona Revised Statutes §§14-5101 through 14-5433: These Arizona statutes govern the protection of persons under disability, and their property, including guardianships and conservatorships for minors and adults.

Arizona Revised Statutes §§14-5201 through 14-5213: These Arizona statutes govern guardianships of minors.

Arizona Revised Statutes §§14-5301 through 14-5317: These Arizona statutes govern guardians of incapacitated persons.

Arizona Revised Statute §§14-5401 through 14-5433: These Arizona statutes govern protection of property of persons under disability and minors (conservatorships).

Arizona Revised Statutes §§14-12101 through 14-12503: These Arizona statutes outline the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. This governs the rules for jurisdiction of guardianships, including how they are recognized across the entire country, and how they can be transferred between states.

Arizona Rules of Probate Procedure, Rules 36 through 40: Describe the rules that apply to guardianships (adult) and conservatorships.

Arizona Rules of Juvenile Court, Rules 344 through 350: Describe the rules that apply specifically to guardianships of a minor.

REQUIREMENTS FOR GUARDIANSHIP

Training is required in order to be appointed as a guardian and/or conservator. Information regarding required training can be found at the following website: https://www.azcourts.gov/probate/training

A Health Professional Report can be found at the following website: https://superiorcourt.maricopa.gov/media/3842/pbgca15fz.pdf

The court requires a filing fee and investigator fee when the case is opened. There are also additional fees required throughout your case such as certification fees, recording fees and such. All fees are the responsibility of the client. Court fees can be found at the following website: https://www.clerkofcourt.maricopa.gov/services/filings/filing-fees

HOW CAN DYNASTY LEGAL DOCUMENTS HELP?

Dynasty Legal Documents understands legal documents with the owner, Melissa Moy, having over 20 years working in Law. At most law offices, the Paralegal drafts all your documents. Melissa worked as a Paralegal in some of the top law firms in Arizona for many years before opening her own legal document office. She has extensive knowledge in order to prepare your legal documents with the latest rules to make sure you’re in compliance with the latest laws.