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.

What Exactly Are The Legal Rights Of The Guardian?

A guardian takes responsibility for a person and provides care making decisions for them. It is similar to stepping into the shoes of a parent. A guardian has the legal rights to direct things like living arrangements, education, social activities, and medical care. Guardianships sometimes occur because of medical care disagreements. The guardian is in charge and they have legal rights to enforce their decisions with regards to the child. Even if the guardian still consults with the parents, the guardian is the one who decides.

What Are The Legal Responsibilities Of A Guardian For A Child In Arizona?

The guardian’s legal responsibility is to wield their power in what they call the best interests of the child. All decisions must be in the best interests of the child. The guardian also has a responsibility to keep a child in the least restrictive environment. Finally, the guardian has the ultimate responsibility of making certain that the child is safe.

What Is The Procedure To Establish Guardianship Of A Child In Arizona?

For a temporary guardianship, you need the parents to agree to a guardianship. Then, you would file a petition with the court. For a permanent guardianship, parents usually are not in agreement when the petition is filed. In both situations, the judge will ultimately make the decision. In a permanent guardianship petition, there is usually a dispute, which means there are a few more legal proceedings than there would be in a temporary guardianship. You could even go all the way to a trial to force a permanent guardianship.

Can I Choose The Legal Guardian For My Own Children?

You can be the person to ask the court to appoint either a temporary or permanent guardianship for your child. However, if there is another parent around, that parent usually has to agree. Also, a common misconception here is that you can just fill out a piece of paper, give it to someone, and make them a guardian. That is not the best way to do it. You want some type of court order to guarantee that the people you want are there. It is going to require you going through the court. It is also going to require them clearing some background checks.

Who Exactly Do You Represent In These Cases?

In private guardianships, we represent the people asking for the guardianship. We can sometimes be appointed by the state to represent the child in a guardianship but for the most part, we are going to be representing the person requesting the guardianship. Rarely, we have been hired to fight against permanent guardianships being put in place by parents.

How Long Does A Guardianship Generally Last?

A permanent guardianship is essentially supposed to be permanent, though in theory, it could be undone. Temporary guardianships can be dissolved whenever the parent wants to dissolve them.

Can A Guardianship Appointee Be Challenged Or Opposed?

Appointees have to meet standards to be an appropriate guardian and there has to be a reason for creating a guardianship. You could very much oppose it. Sometimes, you’ll even get competing guardianships where one person thinks a certain person would be a better guardian than the other appointee.

For more information on Appointing A Guardian For A Child In AZ, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (623) 251-6428 today.