Not everyone is capable of making important decisions for themselves. At both ends of the scale—early in life and late in life—individuals are not equipped to manage their affairs without help. Less commonly, adults with mental or cognitive disabilities may also be unable to navigate their own care and decisions. A guardianship supplies critical decision-making for a minor or an incapacitated adult. A guardian provides or arranges for care and makes financial, educational, and other important life decisions for another person who isn’t able to effectively negotiate important choices for themselves. Consulting with a Chandler family law lawyer can help you navigate the complexities of guardianship and ensure the best outcomes for your loved ones.
A guardian is a person appointed by a court in their jurisdiction to make decisions for another person. A guardian has a fiduciary role for the object of their guardianship (their ward if a child or “protected person” if an adult) in that they must make decisions that are in that person’s best interest. A guardian in Chandler has the following responsibilities and obligations:
A court may appoint a guardian for a child who lacks a living parent or whose parents have abandoned them, for an elderly person with cognitive decline, or for a person with mental impairment, disease, or addiction who isn’t able to care for themselves. Guardians must report to the court annually so the court can review the guardianship and ensure that a guardian is acting in their ward’s or protected person’s best interests.
To become a guardian in Chandler or elsewhere in Arizona requires first filing a request for guardianship, serving the prospective ward with notice, and then attending a hearing. At the hearing, the person requesting the guardianship must present compelling evidence to support their case. This could be an elderly person’s estate plan naming them as a guardian or a parent’s last will and testament naming a relative or trusted friend as a guardian for their child. The person seeking guardianship may present medical or psychiatric expert testimony showing why the child or incapacitated adult needs a guardian. The court requires substantial evidence to appoint a guardian, including:
The court appoints an attorney for the ward or protected person so an impartial party ensures that the guardian is making decisions in their best interest.
In order to obtain guardianship, the paperwork must be well-executed and all filing dates met for the petition, the Affidavit of Proposed Appointee, the probate information cover sheet, and an official acceptance of appointment. The proposed guardian must present testimony and evidence clearly and concisely in the hearing. When obtaining a guardianship is critical to another individual’s well-being, nothing should be left to chance. You need an experienced guardianship lawyer in Chandler who understands the vital importance of the results of this legal process. Call Wilson-Goodman Law Group, PLLC to discuss your case, review your options, and guide you through the Arizona guardianship process so decisions are made in the best interests of all involved parties as soon as possible.
