Sooner or later many families are faced with the problem of caring for a loved one who is no longer able to make their own decisions. That loved one could be a minor or an adult. Their problem could be a mental disorder or a physical problem. It could be a child, either a minor without available parents, or an adult child with severe disabilities and no family member able to adequately take care of them. It could be a parent or a spouse unable to cope with the real world because of something such as a coma or Alzheimer's. It could be a child, parent, spouse or friend who has lost touch with reality and would come to harm if left on their own.
In each case, Arizona law is prepared to deal with the problem. The process may be different, but the end result is the same. A guardian can be one or more individuals, a private organization, a government agency, or some combination of individuals and organizations. The guardian is appointed by the court to make decisions for the person in need of care after the court has been convinced that the need exists. That appointed guardian basically has the same rights as a parent would have in caring for their child.
The answer to "how" is really linked to the "when." Guardianships may be set in place before they are needed, or they can be the product of an immediate need. An individual can appoint someone to be their guardian in the event a need ever arises and parents can similarly appoint someone as guardian of their children should anything happen to the parents. In situations such as this the solution is a relatively inexpensive document, for instance, a Will providing for the care of the children or a specifically drafted power of attorney.
To wait until the need is there makes the solution much more expensive. In a normal guardianship appointment, the person asking for the guardianship hires an attorney, the court appoints an attorney to represent the proposed ward to ensure their rights are protected, and the court also appoints a doctor and a visitor to report to the court on the condition of the ward. All of these people must be paid, usually from the estate of the ward. If a family member or other concerned person opposes the guardianship, there will be extra hearings and investigations that add further to the cost.
If the problem is a mental disorder that makes the individual unable to care for themselves, then the expense can be significantly lessened by using the process the state has set up for involuntary commitment with court-ordered treatment. Here, the state pays for all of the personnel involved and the court has the power to appoint a guardian after a hearing.
While it is a good idea for each of us to appoint someone before the need arises, it is especially important in the case of children and in older adults with a slowly worsening condition that will eventually end in their inability to make decisions for themselves. While these adults are still competent, they can handle the problem with much less expense than would be the case if someone had to go through the process for them later.
If there are significant funds or property involved, appointment of a conservator is usually required to manage those funds or that property. Much of what has been said about guardianships applies to conservatorships in terms of need, timing and cost. In many instances, if guardianship is needed, so is conservatorship and the two are sought at the same time. It doesn't add to the cost of the process except for the cost of a bond to protect the estate of the ward.
Remember that simply being the parent or spouse of a person in need of care may not give you all of the authority you will need.
Next Page
-->
