Arizona Guardianship Laws
A Scottsdale AZ guardianship lawyer might be a useful asset when you wish to become a guardian or conservator for a person under the age of 18, or who may be rendered incapable of taking care of themselves. Our guardianship attorneys are well-versed in the complexities that often encompass guardianship. Guided by years of experience and a passionate zeal to get the results our clients our looking for, we would be happy to discuss your needs at the earliest convenience. To schedule your consultation with a guardianship lawyer in Scottsdale AZ, please call our firm today.
In general, there are two reasons you might want to consider getting guardianship over another person. The first is to manage assets on behalf of a minor child in the event his or her birth parents are no longer able to care for them. The second is to make legal, financial, and healthcare decisions for an adult who is incapable to do so for himself or herself.
Arizona Guardianship Laws | How a Scottsdale AZ Guardianship Lawyer May Help
A lawyer is there to help you understand the role, responsibility, and obligation of a guardian. Should you decide to carry through with the commitment, a Scottsdale AZ guardianship lawyer may begin the process by preparing the initial pleadings for filing with the court as well as any further attachments. Your lawyer can also represent you during the hearings and court proceedings, thereby ensuring the right steps are taken.
Once the initial hearing has been carried out, your lawyer can assist in the preparation for trial, if necessary. Should the guardianship be appointed during the hearing, a Scottsdale AZ guardianship lawyer can help prepare supplemental reporting such as the guardianship report, initial inventory, subsequent accounting report, and so forth. You may also receive further guidance on your responsibilities, as well as assistance when it comes time to terminate the proceeding.
Our attorneys are well-versed in legal issues and concerns encompassing guardianship. Some of these include:
- Conservatorship and guardianship appointments
- Government benefits and eligibility
- Insurance preparation
- Medicaid planning, eligibility, and applications
- Physician-patient privileges and rights
- Patient placement in an assisted living facility (i.e. nursing home, special needs home, etc.)
- Power of attorney
- Health care proxies
- Temporary guardianship or permanent guardianship
- Guardianship appeals
If you’re interested in pursuing a legal matter that includes guardianship, but are unsure about the process and overall requirements, you can speak to a Scottsdale AZ guardianship lawyer.
Arizona Guardianship Laws | Why File for Guardianship
The purpose of filing a probate guardianship is to enable someone, other than the child’s parent, to make medical, educational and other decisions for the child.
A guardianship proceeding in probate court involves a situation when a person, other than a child’s parent, has or seeks physical custody of a child and wishes to manage the child’s property. A probate guardianship can be filed by the person seeking custody of the child or someone acting on behalf of an estate seeking to have a guardian appointed for a child.
Arizona Guardianship Laws | Probate Guardianship vs. Juvenile Court Guardianship
A probate guardianship is much different from a guardianship filed in the juvenile court, which has much different standards. A juvenile court guardianship typically occurs when a parent is unable, unwilling, or should not have custody of a child because of past abuse or neglect. A juvenile guardianship, therefore, is typically filed by the Arizona Department of Child Safety. However, a third person or other family member may file a juvenile guardianship case as well.
Arizona Guardianship Laws | Guardianship vs. Adoption
There are differences between being appointed as a guardian of a child and adopting a child. In a guardianship, the parental rights of the parents are not severed and are still, subject to the court orders, intact. The court can change or cancel the guardianship at any time and the guardians are subject to the court’s ongoing oversight and reporting requirements. An adoption, on the other hand, completely severs all parental rights of the parents and cannot be reversed. An adopted child also has rights that would not apply to a guardianship case, such as the right to inherit from his or her adoptive parents. Unlike a guardianship, adoptive parents are not overseen by the court after the adoption is complete.
Arizona Guardianship Laws | Purpose of a Probate Guardianship
A guardianship in a probate case usually occurs when at least one of the child’s parents passes away. The probate court may appoint a guardian to manage the child’s monies or other assets that he or she received under the Will and/or Trust of the person who passed away. The guardian may be the other surviving parent or someone else appointed by the court. The guardian appointed owes fiduciary obligations to the child to manage the child’s inheritance in a way that benefits the child. The guardian must provide an accounting of the management of the child’s assets as well.
It is advisable to hire an attorney if you are considering the appointment of a guardian for a child to ensure you are aware of all of the obligations and liabilities of being a child’s guardian and to ensure you comply with all of the legal obligations and reporting that will be required of you. The attorney fees paid to your probate guardianship attorney may be paid by the estate.
Scottsdale AZ Guardianship Lawyers You Can Count On
Filing for guardianship can be a lengthy process that could involve complexities and intricate factors that require precision based expertise from a skilled lawyer. We work closely together with every client to ensure they receive the personalized attention they deserve. Regardless of what your guardianship needs, you can count on our law firm to give you honest advice about your possible options. If you are ready to schedule a consultation with a Scottsdale AZ guardianship lawyer, please can our law firm at (480) 305-8301.