Caregivers

questions & answers

Question: How do we change the guardianship of my mentally disabled bother from my mother who is now ill herself, to another family member? Also is it possible to have more than one guardian? This would help to prevent this situation in the future if it was possible.

Answer:

The following is general information. To find out how the laws apply to your specific circumstances, you may want to contact an attorney.

You may want to review A.R.S. § 14-5306 which discusses termination of guardianship. A.R.S. § 14-5307 discusses the removal or resignation of a guardian. The statute says that a person interested in the welfare of the ward may petition the court to appoint another guardian instead of the current one if it is in the best interests of the ward.

A.R.S. §14-5307 states:

A. On petition of the ward or any person interested in his welfare, the court may remove a guardian and appoint a successor if it is in the best interests of the ward. On petition of the guardian, the court may accept a resignation and make any other order which may be appropriate.

B. An order adjudicating incapacity may specify a minimum period, not exceeding one year, during which no petition for an adjudication that the ward is no longer incapacitated may be filed without special leave. Subject to this restriction, the ward or any person interested in his welfare may petition the court for an order that the ward is no longer incapacitated and for the removal or resignation of the guardian. A request for this order may be made by informal letter to the court or judge. Any person who knowingly interferes with the transmission of this request may be found in contempt of court.

C. Before removing a guardian, accepting the resignation of a guardian or ordering that a ward's incapacity has terminated, the court, following the same procedures to safeguard the rights of the ward as apply to a petition for appointment of a guardian, may send an investigator to the residence of the present guardian and to the place where the ward resides or is detained to observe conditions and report in writing to the court.

You may want to contact the court that originally appointed the guardian to find the forms. Some courts have forms online. In Maricopa County, you can find the forms through the self-service center online.

Comments:

QUESTIONS

  • How do we change the guardianship of my mentally disabled bother from my mother who is now ill herself, to another family member? Also is it possible to have more than one guardian? This would help to prevent this situation in the future if it was possible.

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OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

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