Guardianship and Conservatorship

Guardianship and Conservatorship proceedings can be a complex and daunting process. At Becker & House, PLLC, we provide compassionate and informed representation and guidance to families seeking to protect and care for their loved ones in contested and uncontested matters. Our firm also provides mediation services in contested Guardianship and/or Conservatorship appointments. The following is a brief overview of the defining features of Guardianships and Conservatorships. For personalized assistance or to schedule a consultation, please contact attorney Salim Shleef. We are here to help you navigate this challenging time with expertise and empathy.

A “Guardianship” is a legal relationship where a court appoints a Guardian to make medical and/or mental health care decisions on behalf of a person found to have an incapacity. In order for the court to find that a person is incapacitated for the purpose of a guardianship, the court must find that the person is impaired to the extent they lack sufficient understanding or capacity to make or communicate responsible decisions about their own mental and/or medical health care. See A.R.S § 14-5101(3)

Guardians are typically appointed for minors or adults with disabilities or severe cognitive impairments. A guardian can be a licensed fiduciary or an unlicensed individual who meets certain background and training requirements.

A “Conservatorship” is another legal relationship that involves a court appointment of a Conservator to manage an individual’s financial affairs because that individual suffers from a physical and/or mental impairment and a Conservator is appointed to protect an individual’s estate from mismanagement or exploitation.

The level of impairment can be a legal “incapacity,” although it is not necessary. Rather, the impairment must rise to the level that makes it extremely difficult or impossible for the individual to take care of their financial matters and there is a real risk of a financial loss. See A.R.S. § 14-5401(A)(2)(a).

Like a Guardianship, a Conservator can also be a licensed fiduciary or an otherwise qualified unlicensed individual.

A court can appoint a guardian and conservator at the same time under appropriate circumstances, but it is not necessary.