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What are the basics of Arizona guardianships?

Like other states, Arizona has a system in place for a concern relative or friend in Scottsdale to help a loved one who is in need and is not able to take care of himself or herself either because he or she is a minor or because he or she is not physically or mentally able to handle either personal or financial affairs.

Although people execute powers of attorney to accomplish this same goal, sometimes a more formal process is necessary, either because someone for whatever reason chose not to execute a power of attorney or could not do so. Also, an existing power of attorney is sometimes called in to question, and this could also mean a formal court order is needed.

Arizona makes a slight but important distinction between guardianships and conservatorships, but both are formal court orders a person can obtain by petitioning the appropriate court. A guardianship order gives someone the right to make important medical decisions and even custody and living arrangements for either a minor child or adult who is no longer able to take care of himself or herself.

On the other hand, a conservatorship gives a person authority to handle the finances, and only the finances, of the protected person. There is no reason, however, why a Scottsdale resident cannot be both a guardian and conservator of a relative or loved one at the same time.

The important thing to remember is that, in order to get a court to award a guardianship or conservatorship, the person asking for them must convince the court of two basic things. First, the court must believe a guardianship or conservatorship is truly necessary, since they each remove a lot of power even from a legal adult. Second, the court must decide who an appropriate guardian or conservator would be for the person in question.

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Scottsdale, AZ 85255

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