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Guardianship & Conservatorship
Ensuring a Loved Ones Safety
JDR LAW, located in Phoenix, Arizona, represents clients in guardianship and conservatorship matters. We know that seeking guardianship and/or conservatorship is a difficult decision for most families, but can often be required to ensure a loved ones safety. We take your personal and often challenging decision very seriously and work to implore empathy and compassion, while representing your interest with vigor. We represent clients in both non-contested and contested guardianships and/or conservatorships.
When Is It Necessary?
A guardianship is necessary when a person loses capacity to make healthcare, personal non-financial decisions, and/or provide for their activities of daily living, while also not having a durable power of attorney in place. A conservatorship is necessary when a person loses capacity to manage their assets or financial wellbeing, while not having a financial power of attorney in place. In some rare cases, a conservatorship may also be required for a minor or inherits money prior to turning eighteen (18).
Who Should Serve as Guardian?
The initial question in every guardianship and/or conservatorship matter is who should serve as guardian and/or conservator. Although Arizona law provides guidance for priority of appointment, the guidance can be overcome by a showing of “good cause” and the question of priority of appointment is often disputed. These disputes are often based on very personal actions taken by family members, friends, care takers, or other persons close to your incapacitated loved one. JDR LAW represents families, friends, fiduciaries, and other persons in petitioning the court to serve as guardian and/or conservator for their loved ones.
Appointed as Guardian and/or Conservator
In order to obtain guardianship and/or conservatorship, you must file a Petition with the court, follow and comply with strict procedural rules, take at least one required training course, file a medical report, and, in the case of a conservatorship obtain a bond equal to the total amount of unrestricted assets under your control, prior to being appointed as guardian and/or conservator. Once appointed as guardian and/or conservator there are requirements to keep the court informed, family informed, and annual reporting requirements.
We Would Be Honored to Represent You
JDR LAW can assist you in filing your Petition, representing your interest in the guardianship and/or conservatorship, advising you throughout the court process, and representing you post appointment to ensure you follow all the legal formalities required of a guardian and/or conservator. Contact JDR LAW today to discuss how we can assist you with your loved ones guardianship and/or conservatorship.