Scottsdale AZ Guardianship Lawyer
A Scottsdale AZ guardianship lawyer, such as our guardianship attorneys, is available to help you gain guardianship over someone who is no longer able to take care of themselves. These matters are highly complex and require a careful maneuvering through the legal system. With a guardianship lawyer in Scottsdale AZ on your side, you can feel confident in knowing your rights and needs are in good hands. For a free consultation with one of our experienced lawyers, call our firm now.
Guardianship in Arizona
In Arizona, an adult may gain legal guardianship over a minor or incapacitated adult (known as a ‘ward’), as long as the court approves. To be granted legal guardianship over the other parent or third party, a Scottsdale AZ guardianship lawyer may have to show that the other individual is hindered by:
- Drug use
- Mental illness
- Physically inability
- Financial problems
Other ways legal guardianship can be gained include:
- A directive in a living will
- When parents have abandoned a child
- When an adult needs help with their care (i.e., for medical reasons)
As a legal guardian, it will be your responsibility to:
- Provide the ‘ward’ with protection, support, and care
- Make major decisions about their health and well-being
- Make financial decisions that could involve a will or estate
- Handle living arrangements
- Provide shelter, food, and, clothing
It should be noted that managing finances might not also be granted to a guardian, but rather granted to a conservator in an Arizona probate case. This is dependent upon the individual case. A Scottsdale AZ guardianship lawyer can further explain this over a consultation.
Probate or juvenile court usually grant legal guardianship of a minor. Under the law, individuals seeking legal guardianship over a minor should give the child’s parents or custodian a 60 day written notice before filing. Furthermore, the person seeking the guardianship should be able to show a valid reason why they want to do this, and how it is in the best interest of the child. Petitioning for guardianship over an incapacitated adult usually also involves probate court. A Scottsdale AZ guardianship lawyer should be with you to ensure a smooth flowing process.
Termination of Guardianship
Guardianship might last until the minor turns 18 years of age. If the child’s parents object to the guardianship, and they still have retained their parental rights, they may be able to petition the court. Guardianship may also be terminated if the ward dies. When the ward is an incapacitated adult, the guardianship may last for as long as necessary. In any case, the courts might check in with the legal guardian to ensure the ward is being properly cared for.
Call a Scottsdale AZ Guardianship Lawyer
Although you can file for guardianship without a lawyer, it is not advisable. Because you can speak to a legal professional at no cost, it may be in your interest to get their advice first and then make an educated decision on the matter. If you are ready to speak with a Scottsdale AZ guardianship lawyer, please call us today at (480) 305-8301.