Guardianship

When the court decides to appoint an individual to make decisions on behalf of someone else, that person is referred to as a “guardian.” The courts imbue this guardian with the legal authority to make decisions for the individual. At Michael & Casey, we assist families with the creation of guardianships for children.

Under normal circumstances, a child’s parents have the legal right to make decisions for their child, and adults have the legal right to make independent decisions for themselves. However, sometimes this is not possible and it becomes necessary for someone else to step in as a caregiver. A guardianship is the legal relationship that is created to care for minor children.

If you wish to become the guardian of a child, you will need to petition the appropriate court in your region. Often an attorney can assist you in this process.

When a child is placed under a guardian’s protection, the parents’ right to make decisions regarding their child’s life is suspended.​

Importantly, this means that although the child is in the custody and responsibility of their guardian, the parents are still legally the parents and have not had their rights terminated.

A protected person’s guardian is granted the powers necessary to manage for the child’s best interests. This means a guardian can provide for the child’s education, medical needs, and more. When a guardianship is created the guardian agrees to use these powers to protect the and care for the child.​

When Will A Guardian Be Appointed For A Child Under Arizona Law?

Under Arizona law, generally, you only have two types of guardianship: temporary and permanent. Guardians are going to be appointed either at the request of the parents or at the request of someone other than the parents, such as a grandparent or an agency. Generally, this happens through the filing of a petition in superior court, though you will occasionally see guardianships occur through a will. Read More

Please contact us for more information regarding guardianship or your rights as a guardian.