This guide can give you a place to start your research when you have a case for Guardianship and/or Conservatorship of either a minor or an adult. Guardianship of a Minor may only be established with the permission of the minor’s parents, unless they are deceased.
"Conservator" means a person who is appointed by a court to manage the estate of a protected person. ARS §14-1201.
“Guardian" means a person who (is) qualified as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment but excludes a person who is merely guardian ad litem. ARS §14-1201. A guardian is an adult who has legal authority to make personal decisions for the minor or incapacitated adult, including responsibility for their physical, medical, and educational needs. Nolo.com
"Incapacitated person" means any person who is impaired by reason of mental illness, mental deficiency, mental disorder, physical illness or disability, chronic use of drugs, chronic intoxication or other cause, except minority, to the extent that he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person. ARS §14-5101.
"Protected person" means a minor or any other person for whom a conservator has been appointed or any other protective order has been made. ARS §14-5101.
"Ward" means a person for whom a guardian has been appointed. "Minor ward" means a minor for whom a guardian has been appointed solely because of minority. ARS §14-5101.
Arizona Revised Statutes §§14-5101 through 14-5433: These Arizona statutes govern the protection of persons under disability, and their property, including guardianships and conservatorships for minors and adults.
Arizona Revised Statutes §§14-5201 through 14-5213: These Arizona statutes govern guardianships of minors.
Arizona Revised Statutes §§14-5301 through 14-5317: These Arizona statutes govern guardians of incapacitated persons.
Arizona Revised Statute §§14-5401 through 14-5433: These Arizona statutes govern protection of property of persons under disability and minors (conservatorships).
Arizona Revised Statutes §§14-12101 through 14-12503: These Arizona statutes outline the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. This governs the rules for jurisdiction of guardianships, including how they are recognized across the entire country, and how they can be transferred between states.
Arizona Rules of Probate Procedure, Rules 36 through 40: Describe the rules that apply to guardianships (adult) and conservatorships.
Arizona Rules of Juvenile Court, Rules 344 through 350: Describe the rules that apply specifically to guardianships of a minor.
The Superior Court in Maricopa County has created forms that you can use. Please be sure to read the checklist for each packet to ensure the forms are right for your situation.
Conservatorship of an Adult: Use these forms if you want the court to appoint a conservator for an incapacitated adult or a person at least 17 and a half years of age who will need a conservator as an adult for longer than 6 months.
Conservatorship of a Minor: Use these forms if you want to have the court make a permanent (longer than 6 months) appointment of a conservator for a person under the age of 18, and
- the parents will either sign a Voluntary Consent, OR,
- after receiving notice of the Petition to Appoint a Conservator, will not file papers or come to court to object to the appointment, AND
- you know you do not need the court to also or instead appoint a guardian.
Guardianship of an Adult: Use these forms if you want the court to appoint a guardian (but not a conservator) for an incapacitated adult or for a person who is at least 17 and a half years of age who will need a guardian as an adult for longer than 6 months.
Guardianship and Conservatorship of an Adult: Use these forms if you want the court to appoint a guardian AND conservator for an adult, or for a person at least 17 and a half years of age who will need a guardian and/or conservator for longer than 6 months.
Guardianship of a Minor: Use these forms if you want to have the court appoint a guardian for a minor, and you know that you do not need the court to appoint a conservator for the minor. These forms may be used for a temporary (6 months or less) or permanent guardianship. You may only use these forms IF the parents:
- are deceased, OR
- will give permission by signing a voluntary consent, OR
- neither parent will object to the guardianship after you give them notice.
Register a Foreign (out-of-state) Guardianship of a Minor: Use these forms if you want to transfer an out-of-state guardianship of a minor to Arizona.
Request to Accelerate Hearing for Guardianship of a Minor (En Español aqui): You must give Notice of the hearing to several people at least 14 days before the hearing. ARS § 14-1401. Use this form if everyone required to receive notice about your Guardianship hearing has signed a waiver of notice - you may ask the court to have your hearing sooner, even immediately. This is called an accelerated hearing.
Temporary/Emergency Guardianship and/or Conservatorship of an Adult: Use these forms if you want the court to appoint, on a temporary and/or emergency basis for a period of not more than 6 months, a guardian and/or conservator for an adult.
Terminate Appointment as Guardian and/or Conservator of an Adult: Use these forms if a guardian/conservator has been appointed for a disabled adult, and the guardian/conservatorship is no longer needed, and the Arizona case should be TERMINATED because:
- the protected adult (the "Ward") died, or moved out of state, or is now able to conduct their own affairs, AND
- the current guardian/conservator needs to be released from their legal duties (discharged), OR
- there is still a need for a guardian and/or conservator but a person currently serving as court-appointed guardian /conservator needs to be "discharged" (released from their legal duties) because they are no longer able or willing to serve or should not be allowed to continue to serve.
Terminate Appointment as Conservator of a Minor: Use these forms if a guardian/conservator has been appointed for a minor, AND
- the case number begins with "PB", AND
- the guardian/conservatorship is no longer needed, and the Arizona case should be terminated because:
-
- the minor reached age 18,
- was legally emancipated, moved out of state, died OR
- you are the mother or father of the minor and want to ask the Court to end the guardianship and/or conservatorship and close the case, OR
- there is still a need for a guardian/conservator but the person currently serving as court-appointed guardian/conservator needs to be released from their legal duties (discharged) because they are no longer able or willing to serve OR should not be allowed to continue to serve, AND
- you want to be discharged as guardian/conservator AND/OR
- you want a court order to release restricted funds to the minor.
Terminate Appointment as Guardian of a Minor: Use these forms if you are the guardian of a minor in a case with a "JG" case number, and you want to end the guardianship because the Minor:
- has turned 18, OR
- no longer needs a guardianship, OR
- has died, OR
- You are NOT the guardian of the Minor and you think the guardianship should end.
These resources are available at the downtown Phoenix location, and online when indicated.
“FAQ-Guardianship”. Azcourthelp.org: Arizona Bar Foundation. 2023.
“Guardianship of an Adult”. Azcourthelp.org: Arizona Bar Foundation. 2023.
“Guardianship of a Minor”. Azcourthelp.org: Arizona Bar Foundation. 2023.
“Guardianships and Conservatorships”. Probate and Mental Health Dept.: The Judicial Branch of Arizona, Maricopa County. 2023.
“Help for court-appointed guardians of property and conservators”. consumerfinance.gov: Consumer Finance Protection Bureau. 2022. (Spanish version).
“Managing Someone Else’s Money”. consumerfinance.gov: Consumer Finance Protection Bureau. 2021.
Appel, Marlene, “Probate Code Practice Manual 6th ed.” Arizona State Bar. 2022 KFA2955.A97 2022 Only available at our Downtown location.
Jacobs, Thomas A. Arizona Practice: Arizona Juvenile Law and Practice, (volume 5), Thomson Reuters. KFA2955 .J34. Also available on Westlaw.
This information is provided by the Law Library Resource Center of the Superior Court of Arizona in Maricopa County.
Contact a Reference Librarian
- email: services@jbazmc.maricopa.gov
- chat: https://superiorcourt.maricopa.gov/llrc/
- in person: 101 W. Jefferson, Phoenix, AZ 85003
Contact the Law Library Resource Center
- phone: 602-506-7353
- locations: https://superiorcourt.maricopa.gov/llrc/llrc-locations/
Last update: 9/11/2024