When you have someone in your life, child or adult, that you are worried about and don’t know how to care for, the experience can be overwhelming. Whether they are a minor child with unstable parents, an adult with a disability, or another individual in need of care, intervention is essential to ensure their safety. In these instances, guardianship can be a vital tool.
The Valley Law Group is here to walk you through the various steps necessary for both minor and adult guardianship cases in Arizona. Learn when guardianship should be used, the stages of a guardianship case, and common issues that may arise that our Arizona guardianship attorneys can help you resolve.
What Is Arizona Guardianship?
Guardianship is a legal arrangement that grants someone authority to make decisions for another person. The two parties subject to guardianship rulings are the guardian, who makes decisions, and the ward, the person whose care is entrusted to another. In the state of Arizona, wards can be minor children or incapacitated adults. In either case, appointing a legal guardian in Maricopa County is not a punishment for a parent or a ward and can be a necessary step to ensure safety and security.
Guardians are granted decision-making rights in many situations in the state. Some examples of scenarios where a guardian may be assigned such rights include a child whose parents recently died, an adult who is in a vegetative state, a juvenile with an incarcerated parent, or an elderly grandparent experiencing dementia who can no longer care for themselves.
It is important to note the distinction between guardianship and a related role: that of a conservator. Guardianship and conservatorship cases are similar in structure, but apply to different aspects of a ward’s life. Guardians are responsible for personal matters, such as medical, educational, and day-to-day living decisions. Conservators are responsible for financial choices and the ward’s estate.
Types of Guardianships in Arizona and Related Options
There are two basic types of Guardianships in Arizona, as well as alternative factors that can vary depending on your situation.
- General Guardianships – General, or full, guardianships grant full decision-making rights to a guardian. These rights span across nearly all personal aspects of the individual’s life.
- Limited Guardianships – Limited guardianships restrict decision-making rights to certain, specific areas of the individual’s life, centered upon where they need assistance the most.
Each of these two basic types of guardianships can vary based on the timeline.
- Temporary/Emergency Guardianships – Both general and limited guardianships can be granted as temporary, emergency orders when the individual is in immediate danger.
- Long-Term Guardianships – Longer-term arrangements may be more appropriate, such as when a ward is cared for until a parent can resume responsibility for a child, an adult recovers, or a ward turns 18.
Minor Guardianship vs. Custody
Juvenile guardianships are not the same as custody under Arizona law. In most guardianship cases, parental rights are maintained, while custody matters can strip rights from one or both parents. These cases can also involve non-parent adults. The parents’ caretaking abilities are a key factor in guardianship cases, while custody centers on which parent is better suited.
Adult Guardianship vs. Less Restrictive Alternatives
Adult cases have several legally distinct options you can use in place of guardianship before arriving at a guardianship decision. A few examples include Power of Attorney and supported decision-making. The court should consider the less-restrictive alternatives first.
Reasons to Use Minor Guardianships in Arizona
Pursuing a guardianship for a child in your life can be a tough decision to make. Worries about violating the parents’ rights can cause hesitation for many potential guardians. It’s also crucial to consider how long an arrangement may last, as some situations require you to step in and provide care for a child until certain problems resolve, while others can last years.
A few scenarios that may require guardianship on the part of an adult besides the parent include a parent’s:
- Illness
- Incarceration.
- Addiction
- Housing or financial instability
- Abuse
- Long-term absences
The Steps to the Minor Guardianship Process in Arizona
The juvenile guardianship process in Arizona follows a specific procedure. Learn more about the key steps to a case and what they entail:
Filing a Petition
The first step to initiating a guardianship case is filing a petition with the Maricopa County Superior Court. This can be done by a parent wishing for another adult to take care of their child, a relative, or any non-parent with a significant relationship with the minor. Petitions must be submitted either through the probate or juvenile divisions, depending on who is filing and the reason.
Your application must include information about the ward, the parents’ status, your relationship to the child, your ability to care for them, and why it is necessary. An Arizona guardianship attorney can help you assemble a complete petition within the required deadline.
Background Checks
After a guardianship filing, a background check is often necessary. This can entail an examination of your criminal record, history of violence or abuse, and other factors that may disqualify you. Fingerprints are often required for non-relatives. Background checks can add additional time to the process, but may be waived if the parent or a relative is filing.
Notice & Hearing
Following your petition, a court hearing is scheduled to review your case. Interested parties, including the child’s parents, the child if 14 or older, all relatives, and current caretakers, must be notified before your case can proceed. This can be done via personal delivery, mail, or publication as a last resort.
At a court hearing, you will present your argument on why you should be granted guardian privileges, why parents are unfit, and why other options are not enough. The child’s parents and other interested parties present their arguments on whether the appointment is necessary. Evidence for all sides is reviewed, with input from the court-appointed investigator.
Judge’s Decision
After the hearing, the judge will deliver their decision. During their deliberations, they consider primarily what is in the child’s best interest. This includes reviewing the petitioner’s ability to provide a safe and healthy environment, whether the parents are able to do so themselves, the child’s preference, reports from third-party professionals, and the necessity of a guardianship. The judge may approve a full guardianship, an appointment with limited powers, or deny guardianship sus if it is not needed.
Next Steps
If you are appointed as a guardian, the process is far from over. In the proceeding weeks, you must keep the child safe and establish a structure for their life, including housing and stable schooling. Keep track of decisions you make on the child’s behalf and their status to provide periodic updates to the court. If a parent appeals the appointment, you may need to attend additional hearings and potential litigation.
Each county has its own specific set of procedures and required forms. Maricopa County Superior Court features a list of the various forms and processes for your convenience. Ir
When to Consider Adult Guardianship in Arizona
Adult guardianships are a serious step that should be fully considered before initiating the process. Once issued, a ward may have severe limits on their personal rights and ability to make their own decisions. Maricopa County requires that alternatives be considered first, such as a Power of Attorney or limited guardianship. It can be challenging to find an arrangement that balances a potential ward’s independence and their protection.
Common reasons for adult guardianships in Maricopa County include:
- Dementia
- Brain injuries
- Disabled people who recently turned 18
- Serious mental health concerns
- Potential for exploitation
- No other options
The Stages of the Adult Guardianship Process in Arizona
In Arizona, adult guardianship cases follow an established progression with key stages. However, the age of a potential ward adds additional complications that require attention. Learn more about the steps necessary to establish an adult guardian.
Petition in Probate Court
The first step to any adult guardianship case is to file a petition in the probate divisions of the Maricopa County Superior Court. This can be initiated by either the potential ward or anyone close to the person with an express interest in their well-being. An application must include the type of guardianship you are requesting, your relationship with the potential ward, your personal information, and a detailed explanation of why it is needed.
Court-Appointed Protections
Potential adult wards are awarded special court-appointed protections to ensure that the petition is in good faith and that they are not being taken advantage of. These include a court-appointed attorney, a full medical examination, and an investigator to review the situation. The potential ward must attend any hearings if they are able.
Court Hearing
After a medical examination and investigation, and after the court-appointed attorney is prepared, the court will hold a hearing. In this meeting, the need for guardianship must meet the clear and convincing standard where a judge is confident in its necessity. The potential ward is invited to attend, speak, object, and give as much input as they are able.
As the potential guardian, you will provide evidence of why it’s necessary, including testimony from professionals involved in the case. The ward’s legal counsel reviews your argument and provides any objections that may arise. If other interested parties contest the case, they present their arguments as well.
Review: Differences Between General and Limited Guardianships
If you are approved as a guardian, it’s important to know the differences between general and limited guardianships. A general guardianship allows the guardian to make all medical, educational, residential, and related decisions for a ward. A limited guardianship only grants specific authorities, such as approval for certain surgeries, and nothing else.
Mental Health and Impatient Authority
Mental health or inpatient authority cases are often processed in a separate case through the Maricopa County Civil Mental Health Court. These matters focus on a person posing an immediate danger to themselves or others, and require additional medical findings and investigation before they can be granted.
Next Steps
The next steps you take after a guardian approval are crucial in solidifying your role and ensuring your ward’s safety. The courts will issue an Order Appointing Guardian and your Letters of Guardianship. These documents give you the necessary authority to make decisions for your ward, and a copy should be provided prior to any medical care.
In Maricopa County, you are required to participate in mandatory guardianship training. This can be completed online within a day of the guardianship proceedings.. This training explains your new role, your ward’s rights, who you must report to, ethical guidelines, and prohibited acts. After completion, you can print out your proof of completion and submit it to the courts.
You are required to submit an annual report one year from when the judge approves your guardianship appointment. This document includes where the ward is living, their medical condition, the services you are providing, the decisions you have made on their behalf, and whether the arrangement is still necessary.
Temporary and Emergency Guardianship Cases [H2]
Temporary and emergency guardianship appointments use a different system from other types of cases. These are reserved for when someone is at immediate risk of harm or for a short-term problem. Emergency guardianships do not require the same notification process and last 72 hours. After it expires, you can apply for a temporary or permanent guardianship.
Temporary guardianships are for less pressing, but still active, safety concerns. These may require notification to interested parties and have a shorter timeline. Temporary rights can be pursued while a permanent guardianship petition is being processed, and can last up to six months. They may also have limited powers compared to permanent arrangements.
Substantial evidence of urgent need is required, and judges still review whether guardianship is in the best interest of a potential ward.
Timeline, Fees, and Differences in Maricopa County
The timeline for your guardianship case can vary drastically depending on the type of petition and parties involved. An emergency petition can be approved and completed in one day, whereas a permanent petition can take much longer. An uncontested or voluntary case may take as little as a month to finalize, while a contested matter can take much longer. There is no set timeline, with background checks and other steps adding additional days or weeks to the process.
As with timelines, there is no specified fee total for a guardianship case. Arizona superior courts require a $191 payment to petition for guardianship. This does not account for possible investigation expenses, legal bills, and other necessary costs. If you and your family cannot afford the fees, you can request that expenses be waived or deferred.
Maricopa County guardianship cases can take longer than in other states due to the county’s larger population and higher caseload. Local law is strict about the mandatory training and exploration of lesser options for adult matters. Another unique factor of Maricopa is that a court investigator is necessary for almost all adult and child cases.
Having an attorney experienced in local policies and regulations can be a major benefit in your guardianship case. They can help you avoid easy mistakes and ensure that you follow Maricopa County’s process, rather than general Arizona procedures.
Alternatives to Guardianship
Guardianships can be a crucial tool in maintaining someone’s safety, but they may not be suited for every situation. One alternative for adult cases is a Power of Attorney, an agreement made while someone is still coherent that grants specific decision-making authority without court oversight. Other common adult options include supported decision-making, in which someone is aided in making choices but retains the final say, and guardianship with limited powers.
Different approaches are also available for matters involving minors. Short-term caregiving arrangements can be used when a parent is only unable to provide for their child for a limited period and is working towards stability. You can also get specific authorities delegated to you, instead of full guardian powers.
The Valley Law Group can review these options with you to determine whether a guardianship is suited for your case or if another legal strategy is possible. Our team’s priority is finding a solution for you and your loved ones that maintains relationships and provides dignity to any potential ward.
What Happens After a Guardianship Appointment
Guardianship appointments are positions that should be treated with care. You are obligated to quickly create a hospitable, safe environment for your ward and undergo necessary training. Throughout your guardian position, you are required to keep track of major educational, medical, or other personal decisions you make for your ward. You must keep the courts updated with any new developments. All adult and some child cases require annual reports.
Guardianship cases can be changed or ended for various reasons. Arrangements for children typically end when they turn 18, a parent becomes available, or another option provides additional stability. Adult matters can last until they are no longer incapacitated. Other agreements have specific circumstances for when they automatically end.
Arizona Legal Guardianship FAQs
Get answers to the most common questions about Arizona guardianship.
How The Valley Law Group Can Help
The Valley Law Group knows how frustrating, confusing, and daunting the guardianship process can be in Arizona. We have spent years representing the people of Maricopa County in a wide range of legal matters.
Our team of guardianship lawyers has decades of experience navigating local juvenile and probate court proceedings, and can use that background to make a positive difference in your case. With us, you’re a person, not just another client.
The Valley Law Group can provide many key services to your case. We can review your options, whether guardianship is appropriate, assist in preparing and filing your petition, represent you in all hearings, and help you manage your guardian appointment in the weeks and months afterward. Our team can help you develop a resolution that works to ensure that your loved one’s best interests are respected and protected.
Resources:
- Maricopa County Superior Court. (n.d.). Probate court forms. Retrieved October 10, 2025, from https://superiorcourt.maricopa.gov/llrc/probate-court-forms/
- Arizona Judicial Branch. (n.d.). Non-licensed fiduciaries training. Retrieved October 10, 2025, from https://www.azcourts.gov/probate/Training/Non-Licensed-Fiduciaries-Training
- Arizona Judicial Branch. (n.d.). Superior court filing fees. Retrieved October 10, 2025, from https://www.azcourts.gov/courtfilingfees/superior-court-filing-fees
Ryan Reppucci, Founder/Director of Legal Operations of The Valley Law Group, is recognized as one of Phoenix’s leading family law attorneys. After graduating from Arizona State with the highest honors and inclusion in America’s most prestigious student honor societies, Ryan attended the University of Detroit Mercy School of Law. His career as a law student was decorated with numerous awards, including the University of Detroit Mercy School of Law Book Award, nomination for membership in Who’s Who Among Students in American Colleges and Universities, as well as Moot Court.