Guardianship & Conservatorship Services in Phoenix

Guardianships and conservatorships are common legal proceedings in which a person requests control of a loved one’s health care and finances. Before guardianship or conservatorship can be granted, a person must show that their loved one is unable to make their own decisions regarding their health or how they handle their money. The experienced Phoenix guardianship and conservatorship attorneys at JacksonWhite Law can assist you with the complex process of becoming a legal guardian or conservator.

Guardianship Attorney

Establishing an Arizona guardianship can be complicated, and a guardianship attorney can be quite helpful with everything that is involved.  The process generally begins when a family member or friend petitions the court to appoint a guardian for somebody for whom they are concerned, such as an adult with mental illness. Upon receiving the petition, the court appoints an attorney to represent the proposed ward and schedules a hearing on the matter, where it will consider all of the relevant guardianship information.

Adult guardianship is usually reserved for adults who are incapacitated and lack sufficient capacity or understanding to make their own decisions concerning their well-being. A person may require guardianship if they suffer from any of the following:

• Physical illness or disability
• Chronic use of drugs
• Mental deficiency
• Mental disorder
• Mental illness
• Chronic intoxication

There are some alternatives to conservatorships for those who make plans in advance. Other legal tools available include a health care power of attorney, mental healthcare power of attorney, surrogate, and living will. An experienced Phoenix guardianship attorney can help determine if an alternative to guardianship is the best option for your unique case.

Conservatorship Attorney

A conservator may be appointed after the filing of a petition with the probate court and a hearing before a commissioner or judge. The petition must explain to the court why the appointment of a conservator is required and what assets could be at risk if a conservatorship does not occur. During conservatorship proceedings, a person will be appointed to protect, manage, and conserve the assets of a protected person.

A conservatorship may be the appropriate solution in a number of different situations. In the case of a minor, a conservatorship may be needed in the event of an inheritance or if the minor receives a settlement in a personal injury case. In the case of adults, a

conservatorship may be needed for an adult who is incapable of managing his or her own financial affairs due to a mental or physical impairment or decline.

Similar to guardianships, there are circumstances in which a person may plan ahead to avoid having to need a conservatorship in the future. Some alternatives to conservatorships to consider include:

• Durable financial power of attorney
• Living trust

A knowledgeable Phoenix conservatorship attorney can help you determine which legal tool is best suited for your situation.

Speak with an Experienced Phoenix Attorney

Call our Phoenix guardianship attorney Colton Johnston and Spencer Wilkinson today at 480-360-7021 to discuss your case.

 480-360-7021