Guardianship & Conservatorships
When someone’s ability to manage their financial or personal affairs diminishes, often a guardianship or conservatorship may be necessary. In Arizona, a person is defined as incapacitated if the individual lacks sufficient understanding or capacity to make or communicate responsible decisions concerning the individual’s person. If a person is incapacitated and unable to provide for his or her personal needs, a guardian may need to be appointed. If a person is unable to manage his or her estate and financial affairs, a conservator may need to be appointed to ensure that the person’s assets are protected and proper management is provided.
Guardianships or conservatorships may also be necessary when a minor stands to receive money or other assets, or when a minor with special needs is approaching adulthood.
With proper planning, guardianships and conservatorships can often be avoided. Further, every situation is different. Sometimes the person needs only a guardian appointed, or only a conservator, and sometimes the person requires the appointment of both. In either case, our firm has extensive experience representing family members and other private individuals, as well as local, professional fiduciaries, in guardianship and conservatorship matters.