Arizona Guardianship Laws: Minors, Adults and Conservators (2026)

In Arizona, a guardian is appointed by a court to make personal decisions (care, residence, medical consent) for a minor or for an "incapacitated person," while a conservator is appointed to manage the money and property of a "protected person." Both roles live in chapter 5 of Title 14 of the Arizona Revised Statutes, and for an adult the court may appoint a general or limited guardian only if it finds by clear and convincing evidence that the person is incapacitated, that the appointment is necessary to provide for the person's demonstrated needs, and that those needs cannot be met by less restrictive means, including appropriate technological assistance (A.R.S. § 14-5304(B)).

Arizona follows the familiar split: "guardian" for the person and "conservator" for the estate. The person under a guardianship is the "ward," and incapacity is defined by what a person can understand and communicate, not by age; minority is expressly excluded from the definition, because guardianship of a child runs under its own article (A.R.S. § 14-5101(3)). For how other states handle these questions, see our guardianship laws by state overview.

Information last verified on October 20, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Arizona state law on guardianship of minors and adults and on conservatorship in A.R.S. Title 14, chapter 5, along with the statutory alternatives (the parental power of attorney, supported decision-making agreements and the health-care surrogate statute) and the interstate act in Title 14, chapter 12. It does not cover custody disputes between parents (see Arizona child custody laws), grandparent visitation (see Arizona grandparents' rights), adoption, emancipation, what happens to a person's estate after death (see Arizona probate), or civil commitment. Juvenile court dependency cases under Title 8, including the guardianships created in them, are a separate track.

Arizona guardianship terms and where the law lives

Title 14, chapter 5 is organized in articles. Article 2 covers guardians of minors, article 3 covers guardians of incapacitated persons, and article 4 covers conservators and other protective proceedings. The interstate rules are in chapter 12.

The adult definition reads:

"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.

A.R.S. § 14-5101(3)

Each county also has a public fiduciary. Under § 14-5601, "Each county board of supervisors, by resolution or ordinance, shall establish the office of and appoint a public fiduciary," and the supreme court certifies each one. The public fiduciary appears in the list of people the court may consider for appointment (§ 14-5311(B)).

How to get guardianship of a child in Arizona

A grandparent, aunt, uncle or other adult who wants legal authority over a child generally petitions the superior court under article 2. The court's power to appoint is narrow. Section 14-5204(A) allows an appointment only if it is in the minor's best interest and one of three things is true:

1. After being fully informed of the nature of a guardianship appointment, each living parent of the minor consents to the appointment of a guardian. 2. The parental rights of the living parents of the minor have been terminated. 3. The minor is at least sixteen years of age and is not the subject of an open dependency case pursuant to title 8 and, based on a preponderance of the evidence, no parent of the minor is willing or able to exercise the powers and duties granted by the court to a guardian.

A.R.S. § 14-5204(A)

When a parent objects. Because the first path requires the consent of each living parent, a parent whose rights have not been terminated can keep a child under 16 out of a Title 14 guardianship by withholding consent; juvenile court dependency cases under Title 8 follow separate rules. For a child 16 or older with no open dependency case, the third path applies instead, and the question is whether, by a preponderance of the evidence, no parent is willing or able to exercise the guardian's powers and duties. A person named as guardian in a parent's will has priority, subject to the conditions in § 14-5204(B).

Notice. The petitioner gives notice of the hearing to the child if 14 or older, the person who had principal care of the child during the prior 60 days, and any living parent, except a parent who cannot be located and served after a due diligence search when the child is at least 16 and not the subject of an open dependency case. The notice must include a statement of the right to object and a description of the nature, purpose and consequences of a guardian's powers and duties, and if a living parent was not served, the court decides whether the petitioner exercised due diligence to locate that parent (§ 14-5207(A)-(C)). The court may appoint an attorney for the child if the child's interests are inadequately represented.

The child's own choice. The court "may appoint a person nominated by the minor, if the minor is fourteen years of age or older, unless the court finds the appointment contrary to the best interests of the minor" (§ 14-5206(A)).

Background checks. Before the court may appoint a person unrelated to the child, it must require that person to furnish a full set of fingerprints so it can determine the applicant's suitability (§ 14-5206(B)).

Temporary guardian of a child. "If necessary, the court may appoint a temporary guardian, with the status of an ordinary guardian of a minor, but the authority of a temporary guardian shall not last longer than six months. The court may extend the authority of a temporary guardian if the court determines a longer temporary guardianship appointment is in the best interests of the minor" (§ 14-5207(E)).

What the guardian may decide. A guardian of a minor "has the powers and responsibilities of a custodial parent regarding the ward's support, care and education" and is not personally liable for the ward's expenses (§ 14-5209(A)). The guardian may consent to medical or other professional care and may consent to the child's marriage or adoption (§ 14-5209(C)).

When it ends. A minor's guardianship ends on the guardian's death, resignation or removal, or on the minor's death, adoption, marriage or reaching majority (§ 14-5210). A resignation does not end the guardianship until the court approves it (§ 14-5210). Any person interested in the child's welfare, or the child if 14 or older, may petition to remove the guardian on the ground that removal would be in the child's best interests, or for any other order in the child's best interest; after notice and a hearing the court may end the guardianship (§ 14-5212).

Guardianship is not a custody order between parents. Disputes between parents over legal decision-making and parenting time are a separate body of law; see Arizona child custody laws.

Turning 18

A guardianship of a child ends at majority. For a young adult who may need continuing help, an interested party may start an adult guardianship case early: "A party that is interested in the welfare of a minor who is at least seventeen years six months of age and who is alleged to be incapacitated may initiate guardianship proceedings pursuant to this article and request that any guardianship order take effect immediately on the minor's eighteenth birthday" (§ 14-5301.03(A)).

If the adult guardianship petition is filed under § 14-5301.03 or within two years after the person's 18th birthday, the priority list below does not control: unless the court finds the appointment contrary to the person's best interest, the court must appoint the person who, by court order, had sole legal decision-making when the person turned 18, or both persons as co-guardians if two persons had joint legal decision-making (§ 14-5311(D)). In a petition for contact filed in that same window, contact authorized in the most recent parenting time or visitation order is presumed to be in the ward's best interests, a presumption that evidence may rebut (§ 14-5316(H)).

A child's money

A person who owes money or property to a minor, "including monies related to the settlement of a civil claim," may pay it, "in amounts not exceeding ten thousand dollars per annum," to persons or accounts the statute lists, such as a guardian or a federally insured savings account in the minor's name, without a conservator (§ 14-5103(A)). This route is not available if a conservator has been appointed or a conservatorship proceeding is pending. For larger sums, a conservator or other protective order may be sought under article 4 if, among the other grounds the statute lists, the child owns money or property that requires management or protection that cannot otherwise be provided (§ 14-5401(A)(1)).

Can a parent name a guardian in a will in Arizona?

Yes, for a minor child, but only by will:

The parent of a minor may appoint by will a guardian of an unmarried minor. Subject to the right of the minor under section 14-5203, a testamentary appointment becomes effective upon filing the guardian's acceptance in the court in which the will is probated, if before acceptance, both parents are dead or the surviving parent is adjudged incapacitated.

A.R.S. § 14-5202

The appointment does not take effect while a parent who has not been adjudged incapacitated is alive. A child 14 or older may prevent the appointment from taking effect, or end an accepted one, by filing a written objection in the court where the will is probated before acceptance or within 30 days after notice of acceptance; the court may still appoint the nominee or another suitable person in a proper proceeding (§ 14-5203).

For an adult child. Arizona has a second route for parents of an adult child (and spouses) with an incapacity. A parent may appoint a guardian for an adult child believed to be incapacitated by will or other signed writing, and a spouse may do the same for a spouse (§ 14-5301). The appointment "is effective on the death of the appointing parent or spouse, the adjudication of incapacity of the appointing parent or spouse or a written determination by a physician who has examined the appointing parent or spouse that the appointing parent or spouse is no longer able to care for the incapacitated person, whichever first occurs" (§ 14-5301.01(A)). The guardian must file an acceptance within 30 days after the appointment becomes effective and, unless the court already granted confirmation, must petition for confirmation within 30 days after filing the notice and the will or signed writing (§ 14-5301.01(B), (D)). The appointment is not a determination of incapacity (§ 14-5301.01(F)). Unless the court has already granted confirmation, a written objection by the incapacitated person, a person having care or custody of the person (other than the appointing parent or spouse) or the adult nearest in kinship terminates it; the court may confirm the selection in advance, ending others' right to object, on the appointing parent's or spouse's petition and a finding that the parent or spouse will likely become unable to care for the person within two years (§ 14-5301(C), (D)).

Letting a relative care for a child without going to court

The no-court tool in the guardianship chapter of Title 14 is the delegation power of attorney. Any school-enrollment or medical-consent rules in other Arizona titles, such as the education code, are outside the scope of this page.

A parent or a guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding six months, any powers he may have regarding care, custody or property of the minor child or ward, except power to consent to marriage or adoption of the minor.

A.R.S. § 14-5104

Three limits are in the text: the delegation lasts no more than six months, it cannot carry the power to consent to the child's marriage or adoption, and it must be "properly executed." A delegation is a private document, not a court appointment. The same section also lets the guardian of an incapacitated adult delegate powers for up to six months.

How to become guardian of an adult in Arizona

The petition

The alleged incapacitated person or any interested person may petition. Among its required contents, the petition must state the type of guardianship requested:

If a general guardianship is requested, the petition must state that other alternatives have been explored and why a limited guardianship is not appropriate. If a limited guardianship is requested, the petition also must state what specific powers are requested.

A.R.S. § 14-5303(B)(8)

The petition must also state that the authority granted to the guardian may include the authority to withhold or withdraw life sustaining treatment, including artificial food and fluid, and must attach a copy of any health care power of attorney under which the person is the principal and of any durable power of attorney in which the person nominated a guardian, among the other items § 14-5303(B) lists.

Lawyer, investigator and medical examination

When the petition is filed, the court sets a hearing on incapacity. Section 14-5303(C) then requires three things:

• A lawyer. "Unless the alleged incapacitated person is represented by independent counsel, the court shall appoint an attorney to represent that person in the proceeding."
• An investigator. The person "shall be interviewed by an investigator appointed by the court." The investigator must have a background in law, nursing or social work and no personal interest in the proceedings (§ 14-5308(A)).
• A medical examination. The person "shall be examined by a physician, psychologist or registered nurse appointed by the court."

At the hearing, the person "is entitled to be represented by counsel, to present evidence, to cross-examine witnesses, including the court-appointed examiner and investigator, and to trial by jury." The court may hold a closed hearing if the person or the person's counsel asks (§ 14-5303(C)).

Duties of the appointed attorney. No later than seven calendar days before the initial hearing, the person's attorney must interview the person and explain the right to a jury trial, the right to choose an attorney (an appointed attorney must explain that the person may hire a different attorney at the person's own expense), the right to appear with anyone the person wishes, and the court process (§ 14-5111(A)).

Who pays. An appointed investigator, lawyer, physician, registered nurse, psychologist, guardian or guardian ad litem not otherwise compensated is entitled to reasonable compensation from the ward's estate if the petition is granted, or from the petitioner if it is denied; if the petition is withdrawn or dismissed for failure to prosecute, the court decides; and if payment by the ward or petitioner is not feasible, the court determines and pays reasonable compensation (§ 14-5314(A), (B), (F)).

Notice

Written notice of the hearing goes to the alleged incapacitated person, the spouse, parents and adult children, and others listed in § 14-5309(A), and the notice must state the right to a jury. "At least fourteen days before the hearing notice shall be served personally on the ward or the alleged incapacitated person and that person's spouse and parents if they can be found within the state." A waiver of notice by the alleged incapacitated person "is not effective unless that person attends the hearing" (§ 14-5309(B)). The statute also allows damages for intentionally failing to give required notice.

What the court must find

B. The court may appoint a general or limited guardian as requested if the court finds by clear and convincing evidence that: 1. The person for whom a guardian is sought is incapacitated. 2. The appointment is necessary to provide for the demonstrated needs of the incapacitated person. 3. The person's needs cannot be met by less restrictive means, including the use of appropriate technological assistance. C. In conformity with the evidence regarding the extent of the ward's incapacity, the court may appoint a limited guardian and specify time limits on the guardianship and limitations on the guardian's powers.

A.R.S. § 14-5304(B), (C)

Firearms reporting. Unless the court specifically finds that the guardianship is due solely to the ward's physical incapacity, the court must transmit the ward's identifying information to the supreme court, which sends it to the Department of Public Safety for the national instant criminal background check system (§ 14-5304(G)).

Voting. The Arizona Constitution provides that "No person who is adjudicated an incapacitated person shall be qualified to vote at any election" (Ariz. Const. art. 7, § 2(C)). Under a limited guardianship, the person "shall retain the right to vote if the person files a petition, has a hearing and the judge determines by clear and convincing evidence that the person retains sufficient understanding to exercise the right to vote" (§ 14-5304.02). The definition of incapacitated person in § 14-5101(3) contains the same limited-guardianship voting rule.

Driving. On appointing a guardian, the court may suspend the ward's privilege to obtain or retain a driver license, or, on sufficient medical or other evidence that the incapacity does not prevent safe driving, allow the ward to keep it; a ward whose privilege was suspended or revoked by court order may ask the court to reinstate it (§ 14-5304.01(A), (B), (D)).

Who may serve

The court "may consider the following persons for appointment as guardian in the following order" (§ 14-5311(B)):

1. A guardian, conservator or other fiduciary appointed or recognized by a court in the jurisdiction where the person lives.
2. An individual or corporation the person nominates, if the person has, in the court's opinion, enough capacity to make an intelligent choice.
3. The person named as guardian in the person's most recent durable power of attorney or health care power of attorney.
4. The spouse.
5. An adult child.

The list continues with further categories, including a parent, a relative the person has lived with, a licensed private fiduciary and the public fiduciary, and the court may pass over a person with priority for good cause (§ 14-5311(F)). The order does not apply where the young-adult rule in § 14-5311(D), described under "Turning 18," requires a particular appointment. Before appointment, a proposed guardian must make the sworn disclosures § 14-5106 requires, including about felony convictions and prior removals as a fiduciary.

What an Arizona guardian may decide, and what the person keeps

A guardian of an adult has powers similar to a parent's, including custody, choosing where the ward lives and consenting to medical care, under § 14-5312(A). The same section sets duties that point toward independence:

7. If appropriate, a guardian shall encourage the ward to develop maximum self-reliance and independence and shall actively work toward limiting or terminating the guardianship and seeking alternatives to guardianship. 8. A guardian shall find the most appropriate and least restrictive setting for the ward consistent with the ward's needs, capabilities and financial ability.

A.R.S. § 14-5312(A)

The guardian must also take the ward's values and wishes into consideration (§ 14-5312(A)).

Inpatient mental health care needs a court order. A guardian may consent to the ward's inpatient mental health care and treatment, including placement in a licensed inpatient psychiatric facility, only if the court authorizes it "on clear and convincing evidence that the ward is an incapacitated person and is likely to be in need of inpatient mental health care and treatment within the period of the authority granted," with the support § 14-5312.01 requires.

Contact with family and friends. A guardian "shall not limit, restrict or prohibit contact between the ward and any person with whom the ward wishes to have contact unless the guardian reasonably believes that the contact will be detrimental to the ward's health, safety or welfare" (§ 14-5316(B)). The ward, or a person with a "significant relationship" to the ward (a relative by blood or marriage, or a close friend as established by a history of pattern and practice, § 14-5101), may petition the court for a contact order. The petitioner must prove the significant relationship, and "the guardian has the burden of proving by clear and convincing evidence that the requested contact will be detrimental to the ward's health, safety or welfare" (§ 14-5316(D), (E)). Section 14-5316 sets a hearing deadline for these petitions, counted in judicial days.

Hospital stays and death. A guardian must notify the family members of an adult ward if the ward "is admitted to a hospital for a period of more than three days" or dies (§ 14-5317(A)).

Reports to the court

"A guardian shall submit a written report to the court annually, pursuant to rules adopted by the supreme court, on resignation or substitution as guardian and on termination of the ward's disability" (§ 14-5315(A)). The report covers matters such as where the ward lives, the guardian's visits over the past 12 months, a physician's report and whether the guardianship should continue, and copies go to the ward, the ward's attorney and others the section names (§ 14-5315(B), (C)).

Temporary guardianship of an adult in an emergency

Section 14-5310 lets the court appoint a temporary guardian when there is an emergency or an existing guardian is not effectively performing. An appointment without notice requires a sworn showing that the person will suffer immediate and irreparable injury, supported by a report from a physician, nurse practitioner or psychologist; the court appoints an attorney for the proposed ward, and the ward must be personally served within 72 hours, among the conditions the section sets. The order's duration is capped:

Every order finding interim incapacity and appointing a temporary guardian granted without notice expires as prescribed by the court but within a period of not more than thirty days unless within that time the court extends it for good cause shown for the same period or unless the attorney for the ward consents that it may be extended for a longer period.

A.R.S. § 14-5310(D)

The ward may move to dissolve the order on two days' notice (§ 14-5310). The court must schedule the hearing on the temporary appointment within the time subsection (D) sets for the order (§ 14-5310(E)). After notice and a hearing, a temporary guardian is appointed for a specific purpose and for a specific period of not more than six months unless the court extends it for good cause shown (§ 14-5310(I)). While a temporary guardian has authority, the authority of a permanent guardian previously appointed by the court is suspended (§ 14-5310(J)).

Ending a guardianship and restoring rights

A guardianship ends on the ward's death (§ 14-5306), or by court order on a petition like the ones described here. The ward has a direct line to the court:

The ward may petition the court for an order that the ward is no longer incapacitated or petition for substitution of the guardian at any time. A request for this order may be made by informal letter to the court or judge. A person who knowingly interferes with the transmission of this request may be found in contempt of court.

A.R.S. § 14-5307(B)

An interested person other than the guardian or ward may not petition for restoration, or to substitute the guardian, earlier than one year after the order finding incapacity unless the court permits it on affidavits showing reason to believe the ward is no longer incapacitated or, for substitution, that the current guardian will endanger the ward's physical, mental or emotional health (§ 14-5307(C), (D)). A substitution of guardian requires only that it is in the ward's best interest, not proof of misconduct by the current guardian.

Conservatorship in Arizona

A conservator manages property, not personal decisions. For an adult, appointment of a conservator or another protective order requires the court to find "by clear and convincing evidence on the record" both that the person "is unable to manage the person's estate and affairs effectively for reasons such as mental illness, mental deficiency, mental disorder, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power or disappearance," and that the person "has property that will be wasted or dissipated unless proper management is provided, or that funds are needed for the support, care and welfare of the person or those entitled to be supported by the person and protection is necessary or desirable to obtain or provide funds" (A.R.S. § 14-5401(A)(2)). Article 4 sets a different basis for minors in § 14-5401(A)(1).

• Lawyer. "Unless the person to be protected has counsel of that person's own choice, the court shall appoint an attorney to represent that person" (§ 14-5407).
• Appearance and investigator. Unless the alleged basis is confinement, detention by a foreign power or disappearance, the court may not appoint a conservator for an adult unless the person has appeared before the court in person or by virtual means; if the person is unable or unwilling to appear, evidence of that, including a signed declaration if the person does not wish to attend, must be presented (§ 14-5401(D)). If the alleged disability is mental illness, mental deficiency, mental disorder, physical illness or disability, chronic use of drugs or chronic intoxication, the court appoints an investigator to interview the person (§ 14-5407(B)).
• Temporary conservator. In an emergency, or when a conservator is not effectively performing and the estate requires immediate action, a temporary conservator may be appointed. An order made without notice expires within not more than 30 days unless extended as the statute allows, and after notice and a hearing the appointment lasts not more than six months unless the court extends it for good cause (§ 14-5401.01(A), (D), (H)).
• Bond. "Except as otherwise provided in subsection B of this section, the court shall require a conservator to furnish a bond conditioned on faithful discharge of all duties according to law" (§ 14-5411(A)). Subsection B lists exempt conservators, including banks, trust companies and the public fiduciary.
• Inventory. Within 90 days after appointment, a conservator must file an inventory of the protected person's assets (§ 14-5418(A)).
• Accounts. A conservator accounts to the court annually under supreme court rules (§ 14-5419(A)).
• Single transactions. Instead of a full conservatorship, "the court, without appointing a conservator, may authorize, direct or ratify any transaction necessary or desirable to achieve any security, service or care arrangement meeting the foreseeable needs of the protected person" (§ 14-5409(A)).

Alternatives to guardianship in Arizona

Supported decision-making. Under A.R.S. § 14-5722, an adult with a disability (a person at least 18 with "a physical or mental impairment that substantially limits one or more major life activities," § 14-5721) may, without undue influence or coercion, voluntarily sign a supported decision-making agreement with a supporter (§ 14-5722(A)). The supporter helps the adult make and communicate decisions but is not a surrogate decision-maker, may not sign for the adult and may not be paid. The agreement "must be signed by the adult and the supporter in the presence of two or more subscribing witnesses, who must be at least eighteen years of age, or a notary public" (§ 14-5722(F)). It lasts until it is terminated in writing by either party or by its own terms, until "the adult becomes an incapacitated person as defined in section 14-5101," or "on the appointment of a guardian pursuant to article 3 of this chapter" (§ 14-5722(G)).

Powers of attorney. A durable power of attorney and a health care power of attorney are signed while the person still has capacity, and an agent named in the most recent one ranks third in the guardian priority list (§ 14-5311(B)). Signing rules are on our Arizona power of attorney laws page. Free drafting tools are available for an Arizona power of attorney and an Arizona advance directive; a tool is not legal advice, and any document must be signed under the Arizona rules on the power of attorney page.

Health care surrogates. When an adult cannot make health care decisions and has no health care power of attorney agent or court-appointed guardian with health care authority, A.R.S. § 36-3231(A) directs the provider to contact, in order of priority, the spouse (unless legally separated), an adult child, a parent, a domestic partner if the patient is unmarried, a brother or sister, and then a close friend, among those available and willing to serve. A surrogate who is not the patient's agent or guardian may not admit the patient to a licensed inpatient psychiatric facility except as the statute allows, including an emergency admission under § 36-3231(E), after which the patient must be discharged unless a petition for court-ordered evaluation or for temporary guardianship with authority to consent to the admission is filed within 48 hours (or on the next court day if the 48 hours end on a weekend or holiday); the discharge requirement does not apply if the patient has given informed consent to voluntary treatment or federal law prohibits the provider from discharging the patient (§ 36-3231(D), (E)).

Federal benefits. The Social Security Administration decides whether representative payment serves a beneficiary and appoints its own payee; a legal guardian is one person it may choose, not an automatic payee (20 C.F.R. § 404.2001(b)(2)). The guardianship hub covers the federal layer.

Moving to or from Arizona with a guardianship

Arizona has adopted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act as Title 14, chapter 12 (§ 14-12101). For a move out of state, "Any interested person may petition the court to transfer the guardianship or conservatorship to another state" (§ 14-12301(A)); § 14-12302 covers accepting a guardianship transferred in from another state, and § 14-12401 covers registering an out-of-state guardianship order.

Recent changes

Laws 2025, chapter 79 (HB 2079), approved by the governor on April 18, 2025, amended § 14-5204, replacing the earlier rule that the court could appoint a guardian for a minor "if all parental rights of custody have been terminated or suspended by circumstances or prior court order" with the best-interest test and three conditions described above. It also amended § 14-5207 to add the parent-notice exception for a child 16 or older, the required content of the notice, the due-diligence determination and the court's power to extend a minor's temporary guardianship.

Laws 2023, chapter 195 (SB 1291), "relating to protection of persons under disability," amended §§ 14-1102, 14-1201, 14-1306, 14-1401, 14-5303, 14-5309, 14-5316, 14-5401, 14-5404, 14-5405 and 14-5407, added § 14-5111 and added article 9 to chapter 5, on supported decision-making agreements (§§ 14-5721 and 14-5722). The petition contents, the notice rules, the contact rules and the conservatorship standard described above are among the sections it amended.

Arizona guardianship at a glance

Related Arizona pages

• Guardianship laws by state
• Arizona power of attorney laws
• Arizona child custody laws
• Arizona grandparents' rights
• Arizona probate
• California guardianship laws

This article provides general legal information about Arizona guardianship and conservatorship law, not legal advice. Guardianship cases turn on their facts and on local court practice. For advice about a specific situation, contact a lawyer licensed in Arizona or the superior court that would hear the case.

Last updated: October 20, 2026.

Frequently Asked Questions

How do I get guardianship of my grandchild in Arizona?

You petition the superior court under A.R.S. Title 14, article 2. The court may appoint a guardian only if it is in the child's best interest and each living parent consents after being fully informed, parental rights have been terminated, or the child is at least 16, has no open dependency case and, by a preponderance of the evidence, no parent is willing or able to act (A.R.S. § 14-5204(A)).

Can a parent in Arizona let a relative care for a child without court?

Yes, by a properly executed power of attorney delegating powers over the child's care, custody or property for no more than six months. The power to consent to the child's marriage or adoption cannot be delegated (A.R.S. § 14-5104).

Can I name a guardian for my child in my will in Arizona?

Yes. A parent may appoint a guardian of an unmarried minor by will, and the appointment takes effect when the guardian files an acceptance in the court where the will is probated, if both parents are dead or the surviving parent has been adjudged incapacitated (A.R.S. § 14-5202). A child 14 or older may block or end the appointment by filing a written objection before acceptance or within 30 days after notice of acceptance (§ 14-5203).

What must be proved to get guardianship of an adult in Arizona?

Clear and convincing evidence that the person is incapacitated, that the appointment is necessary to provide for demonstrated needs, and that the needs cannot be met by less restrictive means, including appropriate technological assistance (A.R.S. § 14-5304(B)).

Does the person get a lawyer in an Arizona guardianship case?

Yes. Unless the person already has independent counsel, the court must appoint an attorney, and the person may present evidence, cross-examine witnesses and demand a jury trial (A.R.S. § 14-5303(C)). In a conservatorship, the court appoints an attorney unless the person has counsel of the person's own choice (§ 14-5407).

How long does an emergency guardianship last in Arizona?

An order appointing a temporary guardian for an adult without notice expires within 30 days, unless the court extends it for good cause for the same period or the ward's attorney consents to a longer extension (A.R.S. § 14-5310(D)). After notice and a hearing, a temporary guardian is appointed for a specific purpose and period of not more than six months unless the court extends it for good cause (§ 14-5310(I)). A temporary guardian of a minor may serve up to six months, which the court may extend if a longer appointment is in the child's best interests (§ 14-5207(E)).

Can a guardian stop family from visiting in Arizona?

Only if the guardian reasonably believes the contact will be detrimental to the ward's health, safety or welfare. If the ward, or a relative or close friend with a significant relationship to the ward, petitions and proves that relationship, the guardian must prove by clear and convincing evidence that the contact will be detrimental (A.R.S. §§ 14-5101, 14-5316(D), (E)).

What is the difference between a guardian and a conservator in Arizona?

A guardian makes personal decisions such as residence and medical care (A.R.S. § 14-5312), while a conservator manages money and property and must generally post a bond, file an inventory within 90 days and account annually (§§ 14-5411, 14-5418, 14-5419).

How does an Arizona ward ask to end a guardianship?

The ward may petition at any time for an order that the ward is no longer incapacitated, or for a new guardian, and the request may be an informal letter to the court; knowingly interfering with that letter may be contempt of court (A.R.S. § 14-5307(B)).