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Understanding Guardianship Law In Phoenix
What Is Guardianship And How Does It Work?
Guardianship in Phoenix Arizona is a court process that gives a person legal authority to make certain decisions for another person who is unable to do so for themselves. The courts are careful to assign guardianship as it removes autonomy and gives the authority for important decisions to another person. However, in circumstances where an individual is unable to safely make decisions on their own, guardianship may be helpful. A guardian is authorized to make decisions about medical care, medical treatment, living arrangements, personal safety, education, and daily needs. People who might be assigned a guardian include minors whose parents have passed away, elderly adults with dementia, adults with disabilities, incapacitated adults. In some cases, the court might assign limited guardianship where the guardian only has authority to make decisions in specific areas, but not others. If you are establishing a guardian or are involved in a case where guardianship is in question, reach out to our lawyers. We will protect constitutional rights, mediate family conflict, and ensure legal compliance so you can have peace of mind.
Choosing The Right Type Of Guardianship For Your Family
When you are choosing a guardian for a family member, the first step is to identify who the guardianship is for. If it is for a minor, will it be for a temporary amount of time or long-term? Or it could be for an adult in which case you must consider what decisions the person can safely make on their own. How you go about establishing guardianship will depend on the individual for whom you are caring.
Once you identify who you are creating a guardianship for, you will want to consider how much authority is needed. The Phoenix court system typically favors the least amount of authority possible. Some people may have trouble safely making medical decisions, but are perfectly capable of handling their finances. In these situations, you may want to consider a limited guardianship where only some decisions can be made.
In situations where a person is a minor or has advanced dementia, full guardianship may be the best choice. Typically the court will ask for proof that the person cannot make any decisions on their own. They will likely grant full guardianship if the person cannot understand or communicate decisions or is at serious risk without complete oversight. Our lawyers will help you prove these things for a smoother process.
When choosing the right guardianship for your family member, you should remember that it is not necessarily permanent. In cases where capacity improves or you want to modify the guardianship, this can happen! Reach out to our lawyers at Gunderson Law Group for help choosing the right type of guardianship and for advice on modifying what is already established. Contact us today to get started!
Why You Should Hire A Guardianship Attorney In Phoenix
There are many nuances to establishing a guardianship and the legal landscape of Phoenix can be complex. Hiring a guardianship attorney can help ensure you make the right decisions for your loved one. They will help you understand your options, file paperwork, advocate for you in court, handle disputes, and avoid costly mistakes. When you hire our lawyers, you can have peace of mind knowing you are doing everything you can for your loved one.
Expert Legal Guidance For Minor & Adult Guardianships In Phoenix
When you have a minor who needs care or an adult who is incapacitated, you must consider how to move forward with decisions about their lives. There are many options from guardianship to power of attorney to conservatorship and our lawyers can help you understand the best legal options for your situation.
Guardianship For Minor Children: Ensuring Their Safety & Care
The Arizona court system works hard to protect children and keep them connected with family as much as possible. They may establish temporary or limited care when preserving parental relationships, but giving major day-to-day decisions to someone else. This can happen in cases where a parent has a serious illness, substance abuse issues, or is providing unsafe or unstable living conditions. In the event of parents passing, permanent guardianship may be assigned, continuing to preserve the safety and care of the child.
Adult Guardianship for Incapacitated or Disabled Individuals
Adults who may need guardianship are unable to make decisions for themselves because of an illness, disability, or injury. Like guardianship of a minor, adult guardianship takes care of medical treatment decisions, living arrangements, daily care, access to services, and access to benefits. Because guardianship impacts the majority of important decisions, the court limits it as much as possible. Talk to our lawyers about the type of guardianship you need.
Guardianship vs. Conservatorship In Arizona: What’s The Difference?
Some people think that establishing a guardian will give power over life decisions as well as financial decisions, but this is not the case. Guardianship is an important role that decides medical and mental health treatment, where someone lives, and cares for their daily lives. Conservatorship is placed in charge of finances. You can have a guardian and not a conservator or you can have both, it all depends on the specific needs.
- Guardianship: Personal and medical decisions
- Protect your loved ones health and living circumstances
- Establish limited or full guardianship for your loved one
- Hire a lawyer to ensure the best outcome
- Conservatorship: Financial and property decisions
- Make sure bills are paid and accounts are managed
- Avoid disputes by having a skilled lawyer on your side
- Safeguard assets with the right conservator
Important Differences Between Guardianship & Conservatorship In Arizona
Guardianship Dispute Resolution & Litigation In Phoenix
Guardianship and Conservatorship are both handled in the same Arizona court, however disputes are handled differently. Typically, guardianship disputes happen when people disagree on whether someone is actually incapacitated or whether a less restrictive alternative exists. They revolve around the care of a person and who makes those decisions. Conservatorship disputes typically arise from whether or not someone can actually manage their finances or whether the finances are being mismanaged.
Guardianship Responsibilities: Important Information For Phoenix Guardians
Key Legal Duties Every Guardian Should Know
Being a guardian of a minor or of someone who is incapacitated is an important job that involves court supervision and serious responsibilities. The guardian’s job will be to act in the person’s best interest at all times. They will make medical decisions, protect from abuse, have regular and meaningful contact, make decisions revolving around living environment, daily needs, and more. The guardian will also be required to submit periodic reports to the court.
How Our Guardianship Lawyers Near Phoenix Can Help Support Your Case
Guardianship cases are never simple. Seeking guardianship can come with disputes as to who should be the guardian, whether or not it is necessary, or how limited it should be. If you’re already a guardian, the court could be scrutinizing how you carry out your responsibilities. In any case, it is essential to have a skilled lawyer on your side who can advocate for you and ensure that the very best is happening for your loved one.
Flexible Payment Plans For Guardianship Legal Services Near Phoenix
If you’re thinking of setting up a guardianship or are facing disputes, reach out to our lawyers today. We will set up an initial consultation where we will talk about your options and the best path forward. We value transparency, so ask us about our costs and fees. We will give you a solid idea of what it will cost and what flexible payment plans we provide. Our goal is to make hiring a lawyer as easy as possible so you get the legal representation you require.
Full Representation (Traditional)
If you need legal representation from start to finish and are facing some hefty legal situations, consider our full traditional representation. We will stick with you every step of the way, advising you in your next steps and ensuring your wishes are upheld.
Full Representation (Fixed Fee)
For legal representation where you know exactly what you’re getting and the cost you will be paying, you could consider full representation for a fixed fee. We will evaluate your case and let you know what it will cost to move forward.
Unbundled Business Legal Services
In situations where you have one specific service you need, ask us about unbundled services. You only have to pay for what you need, be it establishing a power of attorney, writing a trust, or some other legal document. Contact us to get started.
Frequently Asked Questions About Guardianship in Phoenix
Locate Our Guardianship Law Firm Near Phoenix – Convenient Location & Directions
1400 E Southern Ave Suite 850
Tempe, AZ 85282
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