Arizona Guardianship and Conservatorship
When an adult can no longer manage their own care or finances, a Arizona court can appoint someone to decide for them. This guide explains the process, the alternatives to consider first, and the costs.
Based on A.R.S. Title 14, Chapter 5
What guardianship and conservatorship mean here
Guardianship is a court process in which a judge gives one person legal authority to make decisions for an adult who can no longer make them safely. Arizona guardianship is governed by A.R.S. Title 14, Chapter 5.
Because guardianship removes legal rights, courts look first at the less-restrictive alternatives below.
Types of guardianship and conservatorship
Guardian of the Person
Arizona separates the guardian (of the person) from the conservator (of the estate). A guardian is responsible for the personal care, custody, residence, and medical decisions of a minor or an incapacitated adult. A guardian alone does not control the protected person's money or property unless also appointed conservator.
A.R.S. 14-5301 et seq.
Conservator of the Estate
A conservator manages the property, income, and financial affairs of a protected person. The court may appoint a conservator on clear and convincing evidence that the person cannot manage their estate due to mental illness, deficiency, disorder, physical illness or disability, chronic drug or alcohol use, confinement, or disappearance, and that property would be wasted or funds are needed for support. The guardian and conservator may be the same person or different people.
A.R.S. 14-5401 et seq.
Guardian of a Minor
Appointed for an unmarried minor by acceptance of a testamentary appointment or by court appointment. A guardian of a minor has the powers and responsibilities of a parent regarding the minor's support, care, and education but is not personally liable for the minor's expenses.
A.R.S. 14-5201 to 14-5210
General (Full) Guardianship
The guardian has authority over all personal-care decisions for the incapacitated person. Used when no less restrictive alternative or limited guardianship adequately protects the person.
A.R.S. 14-5304
Limited Guardianship
The court grants the guardian authority only over specific areas the incapacitated person cannot manage, and the person retains all rights and powers not expressly removed. Arizona courts favor the least restrictive form of guardianship.
A.R.S. 14-5304
Temporary (Emergency) Guardianship
Appointed when an incapacitated person has no guardian and an emergency exists, or the current guardian is not effectively performing duties. May be granted without prior notice in cases of immediate and irreparable injury, with notice to the ward required within 72 hours.
A.R.S. 14-5310
Guardianship of an Incapacitated Minor Approaching Adulthood
An interested party may begin proceedings for a minor who is at least seventeen years and six months old and request that the guardianship order take effect on the minor's eighteenth birthday.
A.R.S. 14-5301.03
The Arizona guardianship court process
File Petition for Appointment of Guardian
The alleged incapacitated person or any person interested in that person's affairs or welfare may petition the Superior Court for appointment of a guardian or another protective order. The petition must state the petitioner's interest, identifying information, the proposed guardian and appointment priority, the reason a guardianship or protective order is necessary, the type and powers requested (general or limited), and information about any existing power of attorney or trust interests (A.R.S. 14-5303).
Appointment of Attorney for the Alleged Incapacitated Person
Unless the alleged incapacitated person is already represented by counsel, the court appoints an attorney to represent that person (A.R.S. 14-5303).
Physician, Psychologist, or Nurse Examination
The alleged incapacitated person must be examined by a physician, psychologist, or registered nurse appointed by the court, who submits a written report on the person's condition and capacity (A.R.S. 14-5303).
Court Investigator Report
A court-appointed investigator interviews the alleged incapacitated person and the proposed guardian, explains the proceeding and the person's rights, visits the present and proposed residence, and reports findings to the court (A.R.S. 14-5303, 14-5308).
Hearing
The court holds a hearing at which the alleged incapacitated person has the right to be present, to present evidence, to cross-examine witnesses, and to a trial by jury. The court must read these rights into the record at the initial hearing. The court determines incapacity and the least restrictive guardianship needed (A.R.S. 14-5303).
Appointment and Letters of Guardianship
If the court finds the person incapacitated and a guardian necessary, it appoints a guardian using the least restrictive form, specifies the powers granted, and issues letters of guardianship. A conservator may be appointed separately if the estate needs protection (A.R.S. 14-5304, 14-5401).
How long it takes
Temporary guardian without notice: granted in days, lasting up to 30 days. Standard guardianship petition: roughly 1 to 4 months from filing to appointment, depending on the county and whether the matter is contested. Annual reporting continues for the life of the guardianship.
Alternatives to consider before guardianship
Durable Power of Attorney
A written instrument in which a competent principal designates an agent to act in financial and legal matters, with durability language so the authority continues during the principal's later disability or incapacity. Avoids the need for a conservatorship over financial matters. Must be established while the principal has capacity.
A.R.S. 14-5501
Health Care Power of Attorney
Allows an adult to designate another adult to make health care decisions and arrange for funeral and disposition if the principal cannot make or communicate those decisions. Must be executed while the principal has capacity. Avoids the need for a guardianship over medical decisions.
A.R.S. 36-3221
Mental Health Care Power of Attorney
A specific advance directive authorizing an agent to make mental health treatment decisions, including admission to a structured mental health treatment facility, subject to statutory limits.
A.R.S. 36-3281 to 36-3287
Supported Decision-Making
A less restrictive arrangement in which an adult who needs help keeps the right to make their own decisions while receiving assistance from chosen supporters who help gather and understand information and communicate decisions. Arizona courts are directed to consider less restrictive alternatives, including supported decision-making, before imposing guardianship.
A.R.S. 14-5303 (alternatives must be considered)
Revocable Living Trust
Assets held in trust can be managed by a successor trustee without court involvement if the grantor becomes incapacitated, avoiding a conservatorship for those assets.
A.R.S. Title 14, Chapter 11 (Arizona Trust Code)
UTMA Custodian Nomination
A person with the right to designate the recipient of property transferable on a future event may nominate a custodian under the Arizona Uniform Transfers to Minors Act to receive and manage property for a minor beneficiary, avoiding a court guardianship or conservatorship of the minor's funds.
A.R.S. 14-7653
Delegation of Powers by Parent or Guardian
A parent or guardian of a minor or incapacitated person may, by a properly executed power of attorney, delegate care, custody, or property powers to another person for a period not exceeding six months, except the power to consent to marriage or adoption. Useful for short-term needs such as travel, illness, or military service.
A.R.S. 14-5104
Representative Payee
Appointed by the Social Security Administration to manage Social Security benefits only. Limited in scope to federal benefits and not a substitute for broader financial authority.
42 U.S.C. 405(j)
Emergency guardianship and planning ahead
Emergency guardianship: It lasts A temporary guardian appointed without notice serves for the period set by the court, but not more than 30 days. After a hearing, the court may appoint a temporary guardian for a specific period of not more than six months. The court may extend a temporary guardianship for good cause shown, or with the consent of the ward's attorney.
Naming a guardian in advance: Arizona does not use a single standalone 'preneed guardian' filing the way some states do. Instead, a competent adult can nominate the person they want as guardian through several instruments: a nomination in their most recent durable power of attorney or health care power of attorney, a direct nomination at the time of the proceeding if the person still has sufficient mental capacity, or a nomination in a deceased parent's will (for minors). The court gives these nominations appointment priority but may pass over a nominee for good cause, including when honoring the nomination conflicts with the person's best interest.
Frequently asked questions
What is guardianship in Arizona?
What are the alternatives to guardianship in Arizona?
How long does the Arizona guardianship process take?
Do I need a lawyer to file for guardianship in Arizona?
Statutes and sources
Not sure guardianship is the right step?
Guardianship is a court process that removes a person's legal rights, so Arizona courts expect families to rule out less-restrictive options first. Review the alternatives on this page, and consider speaking with an elder-law attorney about your situation.
Information current as of June 10, 2026
This content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Arizona can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.