Probate Code
Each state's laws set out detailed procedures which must be followed to have a guardian or conservator appointed. Although details vary, typically the process requires notice to the proposed ward and other interested parties, evaluation of the proposed ward and evidence supporting the request, a hearing, and a decision by a jury or judge.
Initiating a Proceeding – Filing a Petition:
The alleged incapacitated person or any person interested in that person's affairs or welfare may petition for the appointment of a guardian or for any other appropriate protective order. To begin court proceedings to have a court-appointed guardian assigned, or to become a court-appointed guardian, file a petition for appointment of a limited or general guardian in the county’s Probate Court. An incapacitated person or “any person interested in the welfare of the incapacitated person” may file a petition. Once the petition is filed, the court proceedings begin. The court will set a hearing date for a hearing on the issue of incapacity.
If the ward is not represented by an attorney, the court will appoint an attorney for the ward at the initial hearing. At the initial hearing on the petition, the court shall read into the record the notice of right to trial by jury as stated in the notice of hearing.
Notice of Hearing:
Notice of the petition must be given to the person alleged to be an incapacitated person, their spouse, and adult children. The notice must provide the right to a trial by jury.
Evaluations, Interviews, and Examinations:
Once a petition is filed, the person alleged to be incapacitated shall be examined by a physician and interviewed by an investigator assigned by the court. The investigator and the physician must each submit a report in writing to the court. A court-appointed investigator will interview the alleged incapacitated person and a physician or registered nurse appointed by the court will examine the alleged incapacitated person. If the alleged incapacitated person has an established relationship with a physician, psychologist, or registered nurse who the court determines to be qualified to evaluate the capacity of the alleged incapacitated person, the court may appoint the alleged incapacitated person's physician, psychologist, or registered nurse.
Ward's Rights at Hearing:
The alleged incapacitated person is entitled to be represented by counsel, to present evidence, to cross-examine witnesses, including the court-appointed examiner and investigator, and to trial by jury. The court may determine the issue at a closed hearing if the alleged incapacitated person or that person's counsel so requests.
Adjudication and Disposition:
If after a hearing the court or a jury determines the respondent is incapacitated, the judge issues an order appointing a guardian and outlining the scope of the guardian's powers.
Conservatorship in Arizona
The person allegedly in need of protection, any person who is interested in that person's estate or affairs, including that person's parent, guardian or custodian, or any person who would be adversely affected by lack of effective management of that person's estate and affairs may petition for the appointment of a conservator or for any other appropriate protective order. Where a person is incapable of managing their own financial affairs, the person to be protected or any person who is interested in that person's estate or affairs, including a parent, child, guardian, custodian, or any person who would be adversely affected by lack of effective management of the person's estate and affairs may petition for the appointment of a conservator. The process for the appointment of a conservator parallels that of guardianship: notice is provided to all interested parties, the relevant information is gathered, a hearing is held, then a judge renders a decision.
Ariz. Rev. Stat. § 14-5303 through Ariz. Rev. Stat. § 14-5309
Ariz. Rev. Stat. § 14-5404 through § 14-5408