What is a Guardianship?
A guardianship is the appointment of an individual to provide care and to make personal decisions for a minor or incapacitated person. The person for whom a guardian is appointed is called a ward. Generally, the ward cannot provide food, clothing or shelter for his or her own welfare without assistance.

Who May Serve as Guardian?
An individual may serve as guardian of a minor or of an incapacitated person.
For a minor, the court will appoint a person whose appointment will be in the best interest of the minor. A minor ward who is 14 years of age or older may nominate a guardian.

For an incapacitated person any competent person may be appointed guardian. Such person may be the spouse, an adult child or parent of the ward, or any relative with whom the ward has resided for more than six months. Before being appointed as guardian, the individual must provide various background information to the court.

How is a Guardian Appointed?
A guardian may be nominated by a Will, or by any interested party who files a petition with the court for appointment of a guardian. An incapacitated person, or any person interested in his or her welfare, may petition for a finding of incapacity and appointment of a guardian.

Notice of the time and place of the hearing is given to the potential ward and other persons specified by statute.

The ward may be represented by counsel. On a hearing to determine incapacity, a visitor and physician must be appointed and report to the court after interviewing the potential ward. A visitor is a person trained in law, nursing or social work and is an officer, employee or special appointee of the court with no special interest in the proceedings.

In certain circumstances, the court may appoint a temporary guardian for a specific purpose and for a specified time period.

What Are the Duties of a Guardian?
A guardian has powers and responsibilities similar to a parent. The guardian may make personal decisions for the ward such as living arrangements, education, social activities, and authorization or withholding of medical or other professional care, treatment, or advice (when included in letters appointing guardian).

A guardian must submit a written report to the court annually on the date of the appointment as guardian, on the resignation or removal of the guardian, or on termination of the ward’s minority or disability. The report includes various information on the health and living conditions of the ward.

Generally, a guardian is not expected to manage the income or property of the ward. However, the guardian may receive funds payable for the support of the ward such as social security or SSI.

When is a Guardianship Terminated?
A guardianship terminates upon the death of the guardian or ward, upon a determination of incapacity of the guardian, upon removal or resignation of the guardian, or upon termination of incapacity of the ward.

On petition of the ward or any person interested in the ward's welfare, the court may remove a guardian and appoint a successor if in the best interests of the ward.

On petition of the guardian, the court may accept the guardian's resignation.

How Does a Conservatorship Differ From a Guardianship?
A conservatorship is a court proceeding to appoint an individual, or a corporation with trustee powers, to manage the financial affairs of a minor or other person who can no longer manage his or her own property or financial matters.

Generally, the conservator does not make decisions regarding the personal care of the individual as a guardian does. However, a conservator may assume duties of a guardian if appointed conservator of the estate of an unmarried minor, where no one has parental rights, and no guardian has been appointed.

The person for whom a conservator is appointed is called a protected person.

Who May Serve as Conservator?
An individual, or a corporation with general power to serve as a trustee, may be appointed conservator for a protected person.

Generally, there is an order of priority for those who may be considered by the court for appointment.

How is a Conservator Appointed?
A petition for the appointment of a conservator is filed with the court. The petition may be filed by the person to be protected, any person interested in the estate, affairs or welfare of the protected person such as a parent or guardian, or any person adversely affected by improper management of the property and affairs of the protected person.

Notice of the time and place of the proceeding is given to the person to be protected, the spouse, or if none, the parents of the protected person.

The person to be protected must be represented by counsel, either the person's own counsel or counsel appointed by the court. The court must also appoint a physician and visitor who will submit a report to the court before the hearing date. The person to be protected is entitled to be present at the hearing.

The court may also appoint a conservator for a single transaction or a limited purpose. The limitation is noted on the letters of appointment.

What are the Duties of a Conservator?
A conservator has the powers and responsibilities of a fiduciary and is held to the standard of care applicable to a trustee, that of a prudent person dealing with property of another.

Within 90 days of appointment, the conservator must file an inventory of the estate of the protected person with the court. Annually, on the date of appointment, the conservator must file an accounting of the administration of the estate with the court.

A conservator has power to invest funds of the estate and to distribute sums reasonably necessary for the support, care, education or benefit of the protected person, whose legally dependent on the protected person, or those members of the protected person's household who are unable to support themselves. The conservator must pay from the estate all just claims against the estate and protected person.

When is a Conservatorship Terminated?
A conservatorship terminates upon the death of the protected person, upon a court determination that the minority or disability of the protected person has ceased, or upon the removal or resignation of the conservator.

The protected person, the personal representative of the protected person, the conservator, or any other interested person may petition the court to terminate the conservatorship.

Upon termination, title of the assets passes to the former protected person, or if deceased, as provided by the protected person's will, or by law if there is no will.

The conservator winds up the affairs of the estate, including the preparation and court approval of the final accounting.

Probate and Trust Section
State Bar of Arizona
4201 N. 24th Street, Suite 200
Phoenix, Arizona 85016
(602) 252-4804

This pamphlet is published as a public service by the State Bar of Arizona. It is meant only to inform, and not to advise anyone on a specific legal problem. No one should attempt to apply or interpret any law without the advice of a licensed attorney. Laws and regulations change regularly. Please check with the Court or State Bar to make sure the information contained in this brochure is the most accurate available.

Back to Consumer Brochure Homepage