Overview of Guardianship

• The person to be protected is not capable of managing money and property effectively, and
• The person to be protected has money or property that may be squandered.

The court may order the conservator to obtain a bond in the amount the court decides is necessary to protect the person's assets.  Bonds help ensure protection against theft or fraud and are obtained from insurance companies.  The court may order that part of the ward's assets be restricted, which lowers the amount of the bond.

Friends, family members, private and public fiduciaries or financial institutions ask the court for authority to serve as  conservator.  Fees are generally charged for the services provided.  The conservator must file an accounting each year if any of the funds or assets are not restricted. 

Arizona requires the Professional Guardian, Conservator, and Personal Representative to be Certified as a Fiduciary through the Administrative Office of the Courts, Certification and Licensing Division of the Arizona Supreme Court.

This article is not intended to replace sound legal advice.  Elder law attorneys are a valuable resource and have the experience to respond to more specific inquiries in this area.

Used with permission by:

Area Agency on Aging-Region One

Elder Abuse and Late Life Domestic Violence 2008

Phoenix, Arizona

 

Author: Deborah Primock

Co-Chariman of the Alternatives to Guardianship Program for the Maricopa Elder Abuse Prevention Alliance (MEAPA).

by Deborah Primock

Older persons who are unable to care for themselves may be in danger of physical harm, emotional abuse or financial exploitation.  In such circumstances, it may become necessary for the court to appoint a suitable guardian and/or conservator to protect such vulnerable adults from future harm.  A basic understanding of the guardianship and conservatorship process may be helpful. 

Guardianships:  After a court hearing, a guardian may be appointed by the court to make personal decisions for someone who, because of mental or physical illness, disability, alcohol or drug abuse, is unable to make those decisions.  This person is called and "incapacitated person."  An incapacitated adult for whom a guardian has been appointed is referred to as a "ward."  Although the decisions a guardian makes concerning arrangements for the adult ward generally include housing, medical care, meals, clothing and social activities, the guardian has other duties as well.  These duties include, if appropriate, encouraging the ward to develop maximum self-reliance and independence, finding the least restrictive setting for the ward, considering the ward's values and wishes, and, if the ward is developmentally disabled, seeking services for the ward.

Often, family members ask the court for legal authority to act as guardian.  When no friend or family member is available, the court may appoint a professional private fiduciary, the Maricopa Public Fiduciary or the Arizona Department of Veterans Services, as appropriate. 

A professional private fiduciary will charge a fee for services provided.  The size of the fee will depend upon the assets available and the complexity of the case.  Guardians are required to submit an annual report that describes the ward's condition and how the ward has been cared for during the current year.

Conservatorship:  A conservator is appointed by the court to manage money or property for someone else.  The person for whom conservatorship is being established is called a "protected person."

At a court hearing, the court may appoint a conservator if it determines that: