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    Guardianship

    Probate & Legal

    A court-appointed arrangement for making personal and healthcare decisions for an incapacitated person or minor child.

    Guardianship is a legal arrangement where an Arizona court appoints a guardian. The guardian makes personal decisions for someone who cannot make them alone. This includes healthcare, living arrangements, and daily care decisions.

    Guardianship for Minor Children

    If both parents die or become incapacitated, the court appoints a guardian for their minor children. If the parents named a guardian in their will, the court gives strong weight to that choice. Without a will naming a guardian, the court decides on its own. That decision may not match what the parents wanted.

    Guardianship for Adults

    An adult guardianship may be needed when someone is incapacitated and has no medical power of attorney. The guardian can make healthcare and personal care decisions. Financial decisions fall under a conservatorship instead.

    How to Minimize the Need for Court-Appointed Guardianship

    • Name a guardian for minor children in your will
    • Execute a medical power of attorney naming a healthcare agent
    • Create a healthcare directive stating your treatment wishes

    These documents give your chosen people the authority to act. They reduce or remove the need for court involvement.

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