The responsibilities that accompany legal guardianship are not to be taken lightly. From providing food, housing, and healthcare to making financial decisions, legal guardians carry a heavy burden of responsibility. Together, these responsibilities ensure the guardian is providing resources and nurturing the overall well-being of a child or dependent who otherwise cannot care for themselves. This is especially the case for young individuals who have lost their parents or legal guardians recently and are seeking a proper home during an incredibly difficult emotional time.
Are you looking for a legal guardianship attorney in Arizona? Our team of experienced family law attorneys understands that each case provides a unique set of challenges and requires personalized attention to achieve the desired outcome. We believe in building a customized legal strategy for every client that emphasizes trust, dedication, and acute attention to detail.
Learn more about what legal guardianship means in Arizona.
What Is Guardianship?
Guardianship is recognized as the legal process of establishing who will accept responsibility for caring for a child and making important decisions concerning their well-being should the parents become unable to do so. Guardianship can also involve an elderly family member or any other person who is unable to care for themselves. The named guardian’s responsibilities include providing food, housing, healthcare, education, and any other basic needs the person requires.
Guardianship is determined and decreed by the Arizona State Family Court, at which point it becomes legal. A party may be nominated to assume guardianship; however, the family court judge presiding over the case has the authority to make the final decision. For that reason, all legal guardianship proceedings must occur in Arizona family court. Once a guardian is legally appointed, they will immediately assume all responsibilities of care for the dependent.
What Is the Purpose of a Guardian?
Although a legal guardian has many responsibilities, their general purpose is to ensure the well-being of the person who is under their guardianship since they are unable to do so themselves. Guardians have a fiduciary duty – a legal and ethical duty – to act on behalf of and in the best interest of the person for whom they are responsible. From the basic day-to-day needs that the person requires to more substantial matters, the guardian is responsible for acting in ways that are in the person’s best interest.
Types of Guardians
There are multiple avenues to pursue for those considering guardianship. Since each case comes with its own unique set of circumstances, it’s important to understand the different types of guardianship types so that you can pursue the path that fits the best interests of the child or dependent in question.
- Full Guardianship – This type of guardianship involves complete responsibility for the well-being of the dependent as well as full decision-making authority.
- Limited Guardianship – This typically means assuming responsibility for specific needs selected for the individual, such as housing or healthcare.
- Joint Guardianship – This simply means that more than a single individual is appointed as a guardian, a circumstance that often involves spouses.
Each dependent and each guardianship case is unique and requires an individualized approach in order to ensure that the best interests of the dependent are met. This is why it is essential to consult with an experienced family law attorney to help you decide which type of guardianship is the right fit under your family’s circumstances.
Guardianship vs. Custody
In general, the two ways to establish legal responsibility for a child are through guardianship or non-parent custody. Custody is usually used to grant a percentage of care to a parent while still maintaining their parental rights. This is why you’ll often hear terms like “joint custody,” “physical custody,” and “legal custody” in the context of a divorce case, as two separating parents work to determine where the child will live and how parenting time and legal decision-making rights will be assigned.
While the same decisions must be made in a guardianship case, guardianship is typically appointed by the courts to non-parents. Often, this occurs when a parent is deemed unfit to care for the well-being of the child, though it doesn’t necessarily mean the parent’s rights are permanently revoked. Typically, the guardian does have physical custody of the child, meaning the child will live with them.
How to Choose a Legal Guardian in Arizona
Being presented with the task of choosing a legal guardian for a child or dependent can be an overwhelming process. The priority is always to find someone who can be trusted to provide the best care to the child and ensure that all decisions are made in the child’s best interest. Ideally, a guardian will provide the same stability and guidance expected of a fit parent.
Here are some elements to consider when deciding upon who to choose as a legal guardian:
- Are they willing and responsible?
- Are they physically and emotionally capable of caring for the child?
- Are they financially stable?
- Do they have adequate housing?
- Are they married, and do they have any children of their own?
- Where are they located?
- Are they generally healthy?
- What are their values?
- What is their lifestyle like?
All of the above elements are very important in determining the right potential candidate for legal guardianship of a child. If you have decided on a potential legal guardian for your child, it’s recommended that you discuss this with them in order to inform them of your wishes and make sure that they are willing and in agreement, should the need arise.
It should also be noted that if a child is fourteen years old or older, they are allowed to nominate a guardian for themselves. However, the court has the full authority to deny the nomination for any reason deemed fitting. Ultimately, it is the court that is charged with the duty of making a final guardianship decision that acts in the best interest of the child.
When to Choose a Legal Guardian?
Unfortunately, many legal guardians are appointed when parents either die or are rendered incapable of parenting due to an accident or other circumstances. Others are appointed when parents prove themselves unable to continue parenting due to imprisonment, substance use disorder, or other situations that render them incapable. While these circumstances certainly warrant guardianship decisions as they occur, it is preferable to choose legal guardians even if you don’t anticipate the need to use them.
Many people delay or even forgo choosing a legal guardian for their dependents because they either haven’t or refuse to consider a situation in which they may not be able to parent their children. However, any experienced attorney will tell you that the best time to choose a guardian is as soon as possible since accidents and significant changes in circumstances can happen at any time. In addition, most people would prefer to be able to choose their dependent’s legal guardian instead of leaving it to the court.
That’s why it is so important to review this matter as soon as possible and then on a regular basis thereafter, as a previously appointed parent or guardian may suddenly be unable to adequately fulfill that role.
Here are some of the common times to consider choosing a legal guardian:
- During estate planning
- As you begin aging
- After a divorce or remarriage
- Prior to a major medical procedure
- Prior to travel or deployment
- When planning your healthcare directives
Regardless of your situation, when it comes to planning for your family’s future, it’s highly recommended that you consult with a trusted family law attorney to help guide you through which options are the best fit for your family’s needs. Together, you and your attorney can ensure that your dependents are protected should the worst happen.
Steps for Appointing a Legal Guardian in Arizona
As convenient as it would be to simply record the name of a preferred legal guardian or request guardianship over loved ones, that is not quite the case. There are certain steps that must be completed to ensure the appointment is official.
Here are the steps necessary to finalize a legal guardianship appointment in Arizona
1. Choose the individual or individuals who should be the guardian of the dependents in question.
2. Discuss your wishes and intentions with an attorney so that both parties come to an agreement regarding the legal guardianship plan.
3. Contact a trusted family law attorney to make decisions and file the proper legal paperwork, including:
- Choosing the type of guardianship
- Filing the Petition for Appointment of Guardianship of a Minor (or Adult) and ensuring all mandates are met
- If necessary, serving notice to the person, their parents, current guardians, or anyone caring for the child currently
- If necessary, attending all hearings to ensure the process occurs favorably
4. Sign and notarize your guardianship in front of witnesses in order to make the agreement official.
Decision-Making Ability of Guardians
Legal decision-making authority and caring for the overall well-being of the child comprise the two primary elements associated with guardianship.
Just as a parent with legal decision-making rights would do, a legal guardian may be responsible for making important decisions on behalf of the child regarding the following:
- Healthcare and medical treatment
- Food and housing
- Education and transportation
- Financial decisions, including the management of bank accounts or trusts
The decision-making authority granted to a legal guardian is not one to be taken lightly. The decisions listed above may seem basic in nature, but they can have a significant impact on the child’s well-being and must always be made with their best interests in mind.
Guardianship FAQs
Consult with a Reputable Arizona Family Law Firm
Whether you are a close family member petitioning for guardianship of a child relative after an unexpected situation or nominating someone in preparation for the future, it’s important that you work with a trustworthy family law attorney with direct experience handling legal guardianship and custody cases in the state of Arizona.
At The Valley Law Group, our team of experienced family law attorneys is here to help you navigate the various complexities of the legal guardianship process, all while ensuring that the best interests of the child are met. Our attention to detail, commitment to professional integrity, and customized legal strategy are here to help you and your family reach the resolution that’s right for you.
Contact our Arizona guardianship lawyers today to schedule a consultation with our team and learn more about how we can help you.
Jonathan Roeder, Founder/Director of Marketing of The Valley Law Group, is an Arizona native who has dedicated his life and career to the service of others. After graduating salutatorian of his high school class, Jonathan attended beautiful and prestigious Pepperdine University, where he majored in Political Science. During his tenure at Pepperdine University, his passion for helping others grew after securing a clinical position with a residential treatment center for juveniles with substance addictions. Post-graduation, Jonathan returned to Arizona and served as a residential manager for mentally and physically disabled homes.