Licensed Arizona Fiduciary for Guardianship Services in Phoenix area
If you need a guardian to assist and support a loved one in the Phoenix area, please call to find out how we could be of service.
When is a Guardian needed?
When a person in incapable to handle personal affairs such as grooming, feeding, and their health and well being are endangered, a someone who cares about that person may petition the court to appoint a conservator for the endangered individual. Such a situation can arise as a result of the aging process, illness, a neurological disorder such as dementia, abuse of alcohol or drugs, etc.
The court will investigate and when it finds that concerns are justified it will make a determination of "incapacity" for the person in question and appoint a fiduciary to "guard" the individual's health and well being. The guardian will be accountable to the court and must follow strict ethical and legal guidelines.
The person who has a guardian appointed is referred to as "protected person" or "ward". Guardianship is a measure of last resort because in effect many very personal decisions will be made by someone else. For this reason, the court will preferably appoint a close relative, such as a child or parent, or a very close friend who is familiar with the ward's needs and desires. The attorney representing the protected person will usually recommend a family member or friend as guardian.
Professional Fiduciaries are appointed when family or friends are not available or when there is disagreement in a family. The state of Arizona requires professional fiduciaries to be licensed by the Arizona Supreme Court.
Guardianship may be temporary in cases where an incapacity is of limited duration, for example during recovery from a serious accident or illness, or recovery from substance abuse. In cases of dementia or other aging disorders and for developmentally disabled adults, guardianship are usually permanent.
What does a Guardian do?
Once appointed, the guardian may make all personal decisions for the protected person. All decisions by the fiduciary must be foremost for the protection and welfare of the ward and with the ward's welfare in mind. The fiduciary, by law, must manage the affairs of the protected person with loyalty, prudence and solely for the benefit of the protected person.
While a guardianship in in place, the guardian will always be under the court's supervision. The guardian is required to account to the court and report regularly on the protected person's status.
Here is a condensed list with some of the Guardian's responsibilities:
- Arrange for appropriate living facility where needed
- Hire and supervise home care services and/or housekeeping services
- Visit ward to check the environment and ward's physical and mental health status
- Monitor and/or arrange for proper meals, clothing and personal grooming
- Supervise medical care, insurance benefits
- Manage personal care needs
- Arrange transportation and daily activities
- Support spiritual beliefs
- Periodic reports on ward's status to the supervising court and/or family members