Frequently Asked Questions About Guardianships And Conservatorship

Questions about guardianships or conservatorship? We have answers at ANDERSEN PLLC. Our attorneys are dedicated to helping you understand this process, and what your role and duties will entail.

Located in Scottsdale, our lawyers help individuals and families throughout Arizona understand the guardianship and conservatorship process while providing solutions tailored to your unique needs.

Guardianship And Conservatorship FAQs

What is a guardian? A guardian can be a person or agency appointed by the court to manage personal and/or financial matters for a minor or incapacitated adult.

Who can be a guardian? People over the age of 18 with no felony convictions, professional guardians, and public or private institutions or agencies.

What are the duties of a guardian? These duties include everything included under the ward's physical well-being such as personal care, medical needs, shelter and whatever else may be necessary. Providing appropriate care can be a time-consuming task, and in addition, as a guardian you must provide the court with an annual report and comply with other duties imposed. It is exceedingly important for you to adhere strictly to each requirement and always protect the interests of the ward in every situation.

Who can serve as a conservator? An individual over the age of 18 or private fiduciary can serve as a conservator. A public fiduciary may also be appointed by the court.

What are the duties of a conservator? Your duties as conservator include managing the assets of the ward. Restrictions may be placed on the transfer of real estate or other assets without the court's approval, and if funds begin to dwindle, you are required to produce a plan of action for when the assets are exhausted. With increased protections for the ward and additional burdens being placed on conservators, it is important to be aware of all responsibilities associated with being a conservator.

Because of the important duties involved in serving in this capacity, both fiduciaries are now required to complete training before the appointment is finalized.

Questions? Schedule A Free Consultation To Learn More.

These proceedings are complex. We have experience handling these issues and know what steps to take to help you understand your rights and fulfill your duties. To learn more about guardianships and conservatorship, and to get your questions answered, call 480-900-3539 or send us an email to arrange a free consultation.