Planning Ahead

questions & answers

Question: can a spouse sign over guardianship which to someone when he never got it legale through a court of law or two doctors

Answer: In Arizona, Guardianship of an incapacitated person is a matter for the courts…spouses and family members cannot make private guardianship decisions.  Arizona Revised Statutes, 14-5301 et seq. set forth a rather elaborate system of the judicial procedures pertaining to, for example, whether a person qualifies as a guardian, whether a person is “incapacitated” (a medical determination) thereby requiring guardianship, and how and when a spouse or other person may seek to appoint a certain person as Guardian.
Fortunately, useful and detailed information is readily available from many sources, including this website and the Arizona Bar http://www.azbar.org/workingwithlawyers/topics/aguidetoguardianshipandconservatorship
If court intervention is needed to protect the incapacitated person, many Elder Law and other attorneys specialize in this type of work.  This website has many links to other sources of legal services.  To find out how the law applies to your specific situation, you may want to consult with an attorney directly.

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  • can a spouse sign over guardianship which to someone when he never got it legale through a court of law or two doctors

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