Guardianship of a Minor - Part 1: Preparing the First Court Papers

JG1 – 5258 - 010120

GUARDIANSHIP

OF A MINOR

1

To Get an

Appointment for a Minor

Part 1: Preparing the Court

Papers

(Forms and

Instructions)

Law Library Resource Center

Appointment of Guardian for A Minor

CHECKLIST

You may use these forms if:

✓ You want to have the court appoint a guardian for a minor, and you know that you do not

need the court to appoint a conservator for the minor, AND

✓ The minor lives in Maricopa County, AND

✓ After giving notice of the petition for guardianship to BOTH PARENTS (if living), one or

both parents will give permission by signing a voluntary consent, and/or neither parent will

file papers to oppose the guardianship*, AND

✓ If you are NOT related by blood to the minor, you already have or you will get your

fingerprints taken for submission to DPS (Arizona Department of Public Safety) and the

FBI for a criminal background check.

A minor generally needs a GUARDIAN:

1. If the minor needs the care and supervision of an adult, which is not presently

available.

A minor generally needs a CONSERVATOR:

1. If the minor owns money or property or receives annual income in excess of $10,000

that requires management or protection, which cannot be otherwise provided;

2. If the minor has business affairs/assets which may be jeopardized or prevented by his

or her being a minor; and/or

3. If the minor needs funds for his or her support and education and protection is

necessary or desirable to obtain or provide the funds.

*NOTE: If either parent files papers opposing a guardianship, it will NOT be granted. An attorney

may be able to advise whether another action such as for “Juvenile Dependency” or non-parent

custody may be appropriate.

READ ME: Consulting a lawyer before filing documents with the court may help prevent

unexpected results. A list of lawyers you may hire to advise you on handling your own case or to

perform specific tasks, as well as a list of court-approved mediators can be found on the Law

Library Resource Center website.

Law Library Resource Center

Appointment of a Guardian for a Minor

This packet contains court forms and instructions to file for an appointment of a guardian for a minor. Items

in BOLD are forms that you will need to file with the Court. Non-bold items are instructions or

procedures. Do not copy or file those pages!

The documents you have received are copyrighted by the Superior Court of Arizona in Maricopa County.

You have permission to use them for any lawful purpose. These forms shall not be used to engage in the

unauthorized practice of law. The Court assumes no responsibility and accepts no liability for actions taken

by users of these documents, including reliance on their contents. The documents are under continual

revision and are current only for the day they were received. It is strongly recommended that you verify on

a regular basis that you have the most current documents.

Order

File Number

Title

# pages

1

JG1k

Checklist: You may use these forms if . . .

1

2

JG1t

Table of Contents (this page)

1

3

JG10h

How to ask the court to appoint a guardian of a minor

4

JG10p

Procedures: What to do before and after the court hearing

3

5

PB12f

Probate Information Form for Guardianship/Conservatorship

3

6

JG12f

Petition for Appointment of Guardian of a Minor

8

7

JG11f

Affidavit of Person to be Appointed Guardian *

*required from each guardian if more than one

3

8

JG13f

Consent of Parent to Guardianship of a Minor

(and Waiver of Notice) (2 copies, one for each parent)

2 each

9

JG14f

Consent of Minor to Guardianship of a Minor

(and Waiver of Notice)

1

10

PBGTM1

Guardianship Training Manual

7

11

PBT80f

Declaration of Completion of Training for Non-Licensed

Fiduciaries

1

Law Library Resource Center

How to ask the court to appoint a guardian of a minor

Use this packet if you want to be appointed a guardian for a person under the age of 18.

This packet does NOT help you with the following processes:

• Guardianship or conservatorship for persons 18 years or older;

• Conservators for minors;

• Testamentary (by will) appointment of a guardian of a minor.

Important Information:

• Make sure you need to be appointed as guardian only, and not conservator, too. If you are not sure, see

the Checklist at the beginning of the packet, see the Law Library Resource Center for information on

conservatorships, or consult an attorney. The Law Library Resource Center has separate packets for

adults and for minors for guardians or conservators, as well as for guardians and conservators combined.

• Arizona law (A.R.S. § 14-5206) requires that any person asking to be appointed guardian or co-guardian

of a minor to whom they are not related by blood must be fingerprinted and have a background

investigation through the Arizona Department of Public Safety and the FBI. This will help the Court

determine that person's suitability to act as a guardian of a minor. The court will accept a current

(unexpired) fingerprint clearance card. See fingerprinting section below describing how and where to get

your fingerprints taken.

o Note: In Maricopa County, completed Fingerprint cards must be submitted to the Clerk of Superior

Court, Juvenile Division, within 5 days of filing the “Petition for Appointment of Guardianship of a

Minor.”

• Follow each step carefully. Each step contains certain forms, and some of these forms have instruction

sheets to help you. The whole process will take at least a couple of months.

Complete the court forms:

1. Fill out all the forms in the packet completely and in black ink. The terms “child,” “children” and “minor”

all refer to the minor children for whom you are asking a guardian be appointed.

• Probate Information Form for Guardianship / Conservatorship. Complete everything but the “Case

Number.” The Clerk of Superior Court will assign and stamp a Juvenile Court case number when you

file the papers. You will use this case number on all court papers you file with the Clerk in this case.

• Petition for Appointment of Guardian of a Minor. Fill out all the information carefully and notify the

people entitled to receive notice about this matter.

o If you only need a guardianship for 6 months or less, check the boxes for “temporary

guardianship.”

o If you have questions about who is entitled to notice see the Law Library Resource Center packet

on Service, then read the document called “Information on Legal Notice for Guardianship of a

Minor.”

• Affidavit of Person to Be Appointed Guardian (A.R.S. § 14-5106). This document must be completed

by each person who wants to be guardian (usually the Petitioner). You must file this Affidavit with

your “Petition.”

• Consent of Parent to Guardianship (and Waiver of Notice).

o This document must be completed and signed by BOTH parents of the children, IF:

✓ they are living, and

✓ they have not had their parental rights terminated by a Court Order, or

✓ they have not been declared incompetent by a Court.

o If you only can find one parent, have that parent sign the Consent.

o Be prepared to explain to the Court at the hearing why only one parent or no parents signed the

consent. If you cannot locate a parent, be prepared to prove to the Court you did everything you

could to try to find the parent including publishing notice. See the Law Library Resource Center

packet “Service When You Can’t Find the Other Party” for more information on service of notice

by publication.

• Consent of Minor to Guardianship (and Waiver of Notice).

o This document must be completed for all minors age 14 or older.

• Declaration of Completion of Training for Non-Licensed Fiduciaries (contained at the end of the

Guardianship Training Manual)

Arizona law requires that a person to be appointed as a guardian and who is neither a state-licensed

fiduciary nor a “financial institution” as defined in A.R.S. § 14-5651 complete a training program

approved by the Arizona Supreme Court before permanent Letters of Appointment are issued.

Read and follow the instructions within the Guardianship Training Manual. Once you have completed

the training fill out the Declaration of Completion of Training for Non-Licensed Fiduciaries, located at

the end of the manual and file this with your initial packet.

2. Make 3 copies of all the completed forms listed above. Assemble the copies so that you have 4 complete

packets – one set of originals and three sets of copies. The Clerk of Superior Court will keep the original

documents; one set of copies will be for the Petitioner’s records, and two set of copies are for serving

legal notice on the Mother and Father.

File the court forms:

3. Determine where to file the court forms. There are two facilities for the Maricopa County Juvenile Court:

Durango Facility Southeast Facility

3131 W. Durango Street 1810 S. Lewis Street

Phoenix, AZ 85009 Mesa, AZ 85210

Cases are assigned to a facility based upon the zip code of the residence of the petitioner. If the zip code

is 85200 through and including 85299, or any zip code area that is east of Central Avenue in Phoenix,

the case will probably be assigned to the Southeast Facility. Any zip code that is west of Central Avenue

will probably be assigned to the Durango Facility.

You can present your documents for filing at either location; however, you are encouraged to take them

to the correct facility for faster processing.

4. There is a filing fee that is due at the time you file the papers. A list of current fees is available from the

Law Library Resource Center and from the Clerk of Superior Court’s website.

If you cannot afford the filing fee and/or the fee for having the papers served by the Sheriff or by

publication, you may request a deferral (payment plan) when you file your papers with the Clerk. Deferral

Applications are available at no charge from the Law Library Resource Center and Clerk of Superior

Court.

5. Take the originals and 3 sets of copies of the following documents to the Clerk of Superior Court, Juvenile

Division, on the first floor of the court, for processing:

• Probate Information Form for Guardianship / Conservatorship

• Petition for Appointment of Guardian of a Minor

• Affidavit of Person to Be Appointed Guardian (for each proposed guardian)

• Consent of Parent (Mother) (if applicable)

• Consent of Parent (Father) (if applicable)

• Consent of Minor (if applicable)

• Declaration of Completion of Training for Non-Licensed Fiduciaries

NOTE: The Clerk will keep the originals and return your 3 copies of the documents. The Court will review

your request and if appropriate, prepare a Notice of Hearing. You will be called when the Notice of

Hearing is ready to be picked up.

Complete the fingerprint process:

6. To get your fingerprints taken: If the proposed guardian is NOT related by blood to the children, ARS §

14-5206 requires that the proposed guardian or co-guardian furnish a complete set of fingerprints. The

court will accept a current (unexpired) fingerprint clearance card.

The Court will provide the correct fingerprint card to you when you file your petition. To be fingerprinted,

take the card to the Maricopa County Sheriff’s Office, a police department or a private company that

performs this service. It is suggested that you call ahead to determine hours of operation and costs.

NOTE: Be sure to bring valid picture identification with you or your fingerprints will not be taken.

• The Maricopa County Sheriff's Office at 201 West Jefferson Street in Phoenix, (West Court Building,

4

th

floor) does fingerprinting Monday-Friday, from 7:30 a.m. until 5:00 p.m. for a fee of $8 per card.

Cash or money orders. Contact 602-876-1834 for more information.

• The Phoenix Police Department offers this service at 1717 E. Grant St., Suite 100, in Phoenix,

Monday through Friday from 7:30 a.m. to 4:00 p.m. for a fee of $6 per card. Contact 602-534-1127

for more information.

• Other police agencies may offer the service during limited days and hours for locally employed

workers and residents only.

• You may also consult the yellow pages under “fingerprints” to find a private agency to fingerprint you.

You MUST return the completed fingerprint card and a $29 fee for each card WITHIN 5 DAYS of filing

the Petition to the Clerk of Superior Court, Juvenile Division.

Your hearing date will be set at about 12 weeks from the day you submit the fingerprint card to allow

enough time for the criminal record check to be completed and sent to the Court.

Get Consents signed or give Notice:

7. If you haven’t already, have both parents sign the Consent and Waiver form in front of a notary. File the

Consents with the Court and bring a copy of each to the Hearing.

8. If a parent won’t sign the Consent, you must give them Legal Notice. See packet 2, “Service and Notice

of the Court Hearing” for information on how to give Legal Notice. Be sure to file the proof of legal notice

with the Court and bring a copy to the Hearing.

Prepare for your hearing:

9. If you do not bring the required documents to the hearing, your hearing may be vacated and reset to

another date.

You must bring the original and one copy (for the Court) of the following:

• Petitioner’s United States or State issued identification (this is required for all Petitioners).

• Certified copy of Birth Certificate for each child (this is required for all children listed on the Petition).

• If a child is over age 14, you must have the child’s consent in writing. File the original, notarized

consent of each child over age 14. Bring a copy of the consent to your hearing. You can also bring

the child to the hearing to provide their consent in Court.

• If you have written consents from either or both parents, you must file the original, notarized consent

with the Court. Bring a copy of each consent to your hearing. A parent may also provide their consent

in Court.

• If either parent is deceased, you must bring a “certified copy” of the Death Certificate and an extra

copy for the court.

• If either parent will not sign a consent, you must provide proof to the Court that they were served

notice. This means they each received copies of the Petition and Notice of Hearing. Instead, the

parents may also sign a “Waiver of Notice.” For more information on how to give notice, see the

packet, “Service and Notice of the Court Hearing.”

Need Help?

• Court personnel can answer some questions about the procedures involved, but only an attorney can

give you legal advice.

o You can call the Maricopa County Bar Association’s Lawyer Referral Service at 602-257-4434 to

schedule a half-hour consultation for a fee.

o You can find a lawyer through the State Bar of Arizona “find a lawyer” program. See:

https://azbar.legalserviceslink.com/.

o The Law Library Resource Center has a list of lawyers who will, for a fee, assist you on a task-by-

task basis or advise you on how to conduct your own case. The list shows where the lawyers are

located, how much they charge to look over the court papers or answer your questions, and what

their experience is. You may view the list on the Court’s web site.

Law Library Resource Center

Procedures: What to do before and after the Court Hearing for

Appointment of Guardian for a Minor

Before the court hearing

Please review the following information and take appropriate action.

1. Language: Do you need a court interpreter? At least 10 days before the hearing; if you need the

services of a court interpreter, please call the court interpreters’ office at 602-506-0490.

2. Hearing record: Digital Recording or Court Reporter? The Juvenile Court uses a digital audio

recording system to preserve the official record of the proceedings. If you or another party wants a

court reporter to transcribe the Court hearing, you or the party requesting the court reporter must:

• At least 72 hours before the start of the hearing:

• Write a request to the Clerk of Superior Court asking that a court reporter transcribe the hearing,

• Photocopy your written request, and

• Take the copies to the Clerk of Superior Court for filing; place the copy in the Judge’s basket.

3. Prepare testimony: Think about what you want to say to the Judge such as:

• Why is the Guardianship needed? Why should the proposed Guardian be appointed?

• Do I need witnesses? How would a witness clarify the Judge’s understanding of the need for the

guardianship?

▪ NOTE: Ask the witness to come to the hearing if you think the witness’ testimony will help

your case.

4. Documents: Bring the following documents to the Court Hearing:

• Part 1 Documents, consisting of:

➢ Petition for Appointment of Guardian of a Minor

➢ Affidavit of Person to be Appointed Guardian (A.R.S. § 14-5106)

➢ Notarized, Consent of Mother (if applicable) and extra copy for Court

➢ Notarized, Consent of Father (if applicable) and extra copy for Court

➢ Notarized, Consent of child, for all children over age 14 and extra copy for Court

➢ Petitioner’s United States or State issued identification (this is required for all Petitioners)

➢ Birth Certificate for each Child (this is required for all Children listed on the Petition)

➢ If either parent has died, you must bring the original “certified copy” of the Death Certificate

and extra copy for the court.

➢ If a child was born outside the United States, you must bring the original United States

issued, temporary visa or permanent legal resident card and extra copy for the court.

• Part 2 Service of Notice Documents, consisting of:

➢ Notice of Hearing

➢ Proof of Notice of Hearing

➢ Waiver of Notice (if applicable) – signed by interested person

➢ Acceptance of Service (if applicable) – signed by interested person

➢ Affidavit Supporting Publication (if applicable)

➢ Affidavit of Publication (if applicable)

Note: If you do not bring the required documents to the hearing, your hearing may be

vacated and reset to another date.

After the court hearing

Please review the following information and take appropriate action.

1. Go to the Clerk of Superior Court, Juvenile Division. If the Judge grants the Petition for Appointment

of Guardian of a Minor, the Clerk will:

• Review the Order of Appointment

• Ask you to sign an Acceptance of Appointment (you must show a photo ID)

• Issue conformed or certified copies of the Court Order.

• Note: In order to prove that the Court granted you the authority to be appointed as the legal

Guardian of the minor, it is beneficial for you to obtain a certified copy of the Court order and

Letters of Appointment. You can find out the exact fees and costs that are charged for any

particular matter by calling the Clerk of Superior Court at 602-372-5375 or on their website.

2. If you haven’t already, complete the required training for guardians

• Read and follow the instructions within the Guardianship Training Manual. Once you have

completed the training fill out the “Declaration of Completion of Training for Non-Licensed

Fiduciaries,” located at the end of the manual and file this with the court.

3. Bond: If the Judge did not waive the bond and ordered that you post a bond for a certain amount, call

a bonding company, purchase a bond, and file the original bond with the Court. You should do this

immediately after the Court order is signed. If you do not have a bond, the Court will not issue your

letters of appointment.

4. Change of address: Always tell the Court in writing if you or the Minor have a change of address.

• For Guardian’s Change of Address: If you have been appointed as a Guardian, you must tell the

Juvenile Court in writing within 10 court days if your mailing address changes anytime during the

term of your appointment. Your change of address notice must include the case number of the

case in which you have been appointed Guardian. You must also give or mail a copy to the minor,

if over age 14, and the living parents.

• For Minor’s Change of Address: If you have been appointed as a Guardian, you must tell the

Juvenile Court in writing within 3 court days of the change of address of the Minor. The change

of address notice must include the case number of the case in which you have been appointed

Guardian, and the Minor’s new address. You must also give or mail a copy to the minor, if over

age 14, and the living parents.

• Note: Your written change of address notice may be personally delivered to the Court or mailed

to the Juvenile Court that handled your case at either:

Durango Facility Southeast Facility

3131 W. Durango Street 1810 S. Lewis Street

Phoenix, AZ 85009 Mesa, AZ 85210

• Note: A Guardian who fails to notify the Court of a change of address may be required to pay all

costs resulting from any failure to notify the Court of that change.

5. Annual Report: You must file the Annual Report of the Guardian (packet JG9) within one year of your

Appointment as Guardian of a minor.

• Every year on or before your anniversary date of your Appointment as Guardian, you must file an

Annual Report (packet JG9) with a doctor’s note saying the child has been seen in the last year.

The doctor’s note and any other medical records would be a confidential record and therefore

must be filed as a sealed document. See document “Special Handling for Confidential

Documents” for how to file a confidential record.

6. Termination: If, at some point in time you want to terminate your Guardianship and be legally

discharged as the Guardian of the Minor, you must file a Petition with the Court and give notice to the

parties.

If the minor is adopted, is emancipated by court order, marries, or dies, you must notify the Juvenile

Court.

Forms and instructions are available at the Law Library Resource Center or courts website:

https://superiorcourt.maricopa.gov/llrc/court-forms/.

Person Filing:

Address (if not protected):

City, State, Zip Code:

Telephone:

Email Address:

Lawyer’s Bar Number:

Licensed Fiduciary Number:

Representing Self, without a Lawyer or Attorney for __________________________

SUPERIOR COURT OF ARIZONA

MARICOPA COUNTY

In the Matter of:

Ward/Protected Person’s Name, an Adult.

Case Number: JG

PROBATE INFORMATION FORM for

GUARDIANSHIP/CONSERVATORSHIP

Updated (Check this box if this is an updated form.)

INSTRUCTIONS:

1. Complete this form to the best of your knowledge and ability and then file it with your application or petition.

2. If you later learn of additional information that you omitted or if you later learn that any information in this

form is incorrect, you must file an updated probate information form.

3. For purposes of this form, “Financial Institution” means a national banking association, a holder of a banking

permit under Arizona law, a savings and loan association authorized to conduct trust business in Arizona, a

title insurance company qualified to do business in Arizona, or a trust company holding a certificate to

engage in trust business from the superintendent of financial institutions.

4. Items designated with an asterisk (*) constitute “contact information” under Rule 13, Arizona Rules of

Probate Procedure. If contact information changes, you must file a notice of change of contact information.

5. This form is filed as a confidential document, so it is not available to the general public. In addition, you are

not required to provide anyone with this form other than the court.

FOR CLERK’S USE ONLY

Case No. JG

A. INFORMATION ABOUT THE NOMINATED GUARDIAN (if applicable):

Name:

Is this person or entity an Arizona Licensed Fiduciary? Yes No

If Yes, write that person or entity’s Licensed Fiduciary Number on the line below:

Mailing Address:*

Physical Address:*

Work Telephone Number:*

Email Address:*

If the nominated guardian is an Arizona Licensed Fiduciary or a Financial Institution, proceed to section B below.

Otherwise, complete the remainder of section A.

Home Telephone Number:*

Cellular Phone Number:*

Date of Birth: Social Security Number:

Race: Height: Weight:

Eye Color: Hair Color: Sex:

B. INFORMATION ABOUT THE NOMINATED CONSERVATOR (If applicable or if different from A):

Name:

Is this person or entity an Arizona Licensed Fiduciary? Yes No

If Yes, write that person or entity’s Licensed Fiduciary Number on the line below:

Mailing Address:*

Physical Address:*

Work Telephone Number:*

Email Address:*

If the nominated conservator is an Arizona Licensed Fiduciary or a Financial Institution, proceed to section C below.

Otherwise, complete the remainder of section B.

Home Telephone Number:*

Cellular Phone Number:*

Date of Birth: Social Security Number:

Race: Height: Weight:

Eye Color: Hair Color: Sex:

Case No. JG

C. INFORMATION ABOUT THE PERSON WHO NEEDS A GUARDIAN OR CONSERVATOR:

Name:

Mailing Address:*

Physical Address:*

Work Telephone Number:*

Email Address:*

Home Telephone Number:*

Cellular Phone Number:*

Date of Birth: Social Security Number:

Race: Height: Weight:

Eye Color: Hair Color: Sex:

I, (your name), under the penalty of perjury, do hereby swear that the

foregoing information is true and correct to the best of my knowledge and belief.

Date Signature

For Clerk’s Use Only

Person Filing:

Address (if not protected)

City, State, Zip Code:

Telephone:

Email Address:

Lawyer’s Bar Number:

Representing Self, without a Lawyer or Attorney for Petitioner OR Respondent

SUPERIOR COURT OF ARIZONA

MARICOPA COUNTY

In the Matter of the Guardianship of: Case Number:

PETITION FOR APPOINTMENT

OF GUARDIAN OF A MINOR

Temporary Appointment only

A Minor

(6 months or less)

INFORMATION ABOUT PETITIONER(S), UNDER OATH OR AFFIRMATION:

1. INFORMATION ABOUT PETITIONER:

Name(s):

Street Address:

City, State, Zip Code:

Telephone:

Date of Birth:

I am related by blood to the children. Explain how you are related.

(Examples: Grandmother, Uncle, Sister, etc.)

Are you related to the children through the Mother’s side of the family or the Father’s

side? Mother Father

Paternity has been established through Birth Certificate Court Order

I am NOT related by blood to the Children. Explain how you know the Children.

Note: If the person to be appointed Guardian is not related to the child, the person will

need to submit a full set of fingerprints to obtain a criminal background investigation.

Case Number:

2. INFORMATION ABOUT THE CHILDREN WHO NEED A GUARDIAN: (Make copies of

this page if needed for additional children)

a. Child’s name:

male female

Child’s birth date:

Child’s birth place:

Child’s address:

b. Child’s name:

male female

Child’s birth date:

Child’s birth place:

Child’s address:

c. Child’s name:

male female

Child’s birth date:

Child’s birth place:

Child’s address:

d. Child’s name:

male female

Child’s birth date:

Child’s birth place:

Child’s address:

(If more than four children, please attach information for all children)

3. The person or agency currently having legal custody, guardianship, acting in loco

parentis (acting as parent) or providing care for the children is:

Name:

Address:

Case Number:

4. REASONS I AM ASKING FOR A GUARDIANSHIP ORDER.

I AM REQUESTING A TEMPORARY GUARDIANSHIP (6 months or less only)

because: (Explain why a temporary appointment of a guardian for 6 months or less is necessary.

Explain why a guardianship longer than 6 months is not necessary.)

OR

I AM REQUESTING A REGULAR GUARDIANSHIP because: (Explain why the

appointment of a guardian is necessary at this time to provide continuing care and supervision of

the children and would be in the best interests of the children.)

Explain:

5. Disability or Incapacitation. Is the Child disabled or incapacitated to the extent that he or she

will need a guardian AFTER reaching the age of 18?

YES. The Child WILL need a guardian after reaching the age of 18.

NO. The Child WILL NOT need a guardian after reaching the age of 18.

6. Information about person(s) to be appointed guardian or any person who will

serve as a co-guardian (ONLY if different than Petitioner)

Name(s):

Street Address:

City, State, Zip Code:

Telephone:

Date(s) of Birth:

/

Is the first co-guardian to be appointed guardian related by blood to the Children (examples:

Grandmother, Uncle, Sister) YES NO

Is the second co-guardian to be appointed guardian related by blood to the Children (examples:

Grandmother, Uncle, Sister) YES NO

If “YES”, HOW is/are the co-guardians related to the Children?

Case Number:

If “NO” above, is/are the co-guardians related in any way to the Children? Explain.

Note: If the person to be appointed Guardian is not related to the child, the person will need

to submit a full set of fingerprints to obtain a criminal background investigation.

7. Why should this Court choose the person(s) you request to be the guardian?

(Explain in detail.)

8. Will anyone object or disagree with the Guardianship?

Mother of the children will object or disagree with you being guardian because:

Father of the children will object or disagree with you being guardian because:

Children (over age 14) will object or disagree with you being guardian because:

If you feel a parent will not consent and the children are in danger, you can call Arizona

Department of Child Safety at 1-888-SOS-CHILD (1-888-767-2445)

9. REASONS FOR REQUESTED PERSON TO BE APPOINTED GUARDIAN:

(Check one or more of the boxes that you think apply to the relationship of the proposed guardian to

the children you say require a guardian):

Proposed appointee was selected by the children, who are at least 14 years old.

Proposed appointee is a relative of the children and has had care and custody of the children

for the last 6 months prior to filing this Petition.

Proposed appointee was chosen to be the guardian by someone who is caring for the children

or is paying benefits for the children.

Proposed appointee is a public fiduciary, a professional guardian, conservator, or the Arizona

Department of Veterans' Services.

Case Number:

Proposed appointee is not related by blood to the children and the person will submit a full set

of fingerprints to the court required by A.R.S § 14-5206.

Other (Please explain)

10. INFORMATION REGARDING GUARDIANSHIP: (Prior Appointment)

To the best of my knowledge, (check one box):

No Guardian or Conservator has been appointed in any other court, and no court

proceedings are pending for such appointment;

Someone has been appointed or court proceedings are pending (explain who, when, in

what court, and if appointee, whether guardian or conservator, or both):

There is a dependency petition pending in any Court. (explain when, in what court, and list

the case number(s)):

Arizona Department of Child Safety has been involved with the family. (explain when, in

what State, and outcome):

11. PERSONS ENTITLED TO NOTICE UNDER ARIZONA LAW

Arizona law says that mother, father, children age 14 and over, current guardians, and

other persons the children have recently been living with are entitled to Notice of the

Petition for Guardianship or must consent or agree to a guardianship. (Refer to

Instructions and A.R.S. § 14-5207 regarding who must be given Notice.)

A. I will give Notice to the following persons:

Name

Address (Street Address, City, State, Zip)

Children, if age 14

and over

Attorney for Children

(if already appointed)

Case Number:

Name

Address (Street Address, City, State, Zip)

Mother of Children

Date of Birth:

Phone Number:

Father of Children

Date of Birth:

Phone Number:

Current Guardian

Relationship to

children, if any

Person with whom the

children recently has

been living

Other:

Relationship to

children, if any

B. I have notarized, signed consents and waivers of notice for the following persons:

12. ASSETS OF THE CHILDREN: (check one box)

The children have no substantial assets or income. No bond by Petitioner is required; OR,

The children have assets and/or annual income in the approximate amount of $

Explain (what are the assets, where are assets located, monthly income from assets, etc.):

13. PARENTAL RIGHTS. All parental rights of custody regarding the children have been suspended

or terminated by:

Mother’s parental rights have been terminated by Court Order (case number: )

and I will provide a copy of the Court Order at the hearing.

Mother consents to the guardianship. (notarized copy of Consent must be attached)

Mother is deceased. (certified copy of death certificate is attached)

Father’s parental rights have been terminated by Court Order (case number: )

and I will provide a copy of the Court Order at the hearing

Father consents to the guardianship (notarized copy of Consent must be attached)

Father is deceased. (certified copy of death certificate is attached)

Case Number:

Prior court order (certified copy of the order must be attached)

Other Circumstances: (Explain in detail)

WARNING: A GUARDIANSHIP UNDER TITLE XIV CANNOT BE GRANTED OVER A

PARENT’S OBJECTION (DISAGREEMENT).

14. REQUIRED STATEMENTS TO THE COURT, UNDER OATH OR AFFIRMATION:

(Note: All of these statements must be true and you must check the box for each statement to

indicate to the Court that each statement is true, or you cannot file this Petition.)

A. This Court is the proper venue for this case because the children who need a guardian

lives in or is present in this county.

B. Each person who is requested to be the guardian has completed the required document

called “Affidavit of Person to be Appointed as Guardian” and is filing that Affidavit with

this Petition as required by Arizona law, A.R.S. § 14-5106.

C. Each person I request to be appointed guardian is a suitable and proper person to act as

guardian and is entitled to consideration for appointment under Arizona Law, A.R.S. §§

14-5106, and/or 14-5206.

D. I understand that I must bring all required documents to the Hearing and if I do not, the

Court may reschedule the hearing to a later date.

REQUESTS TO THE COURT:

1. I request the Court schedule a hearing to determine if the Court should order a Guardianship;

2. Appoint the proposed person(s) as Guardian(s) of the children; and

3. Make any other orders the Court decides are in the best interests of the children.

Case Number:

OATH OR AFFIRMATION AND VERIFICATION OF PETITIONER(S)

I state to the Court, under penalty of perjury, that I have read this petition and all the statements in

the petition are true and correct and complete to the best of my knowledge and belief.

Date

Petitioner’s Signature

STATE OF

COUNTY OF

Subscribed and sworn to or affirmed before me this: by

(date)

.

(notary seal) Deputy Clerk or Notary Public

I state to the Court, under penalty of perjury, that I have read this petition and all the statements in

the petition are true and correct and complete to the best of my knowledge and belief.

Date

Co-Petitioner’s Signature

STATE OF

COUNTY OF

Subscribed and sworn to or affirmed before me this: by

(date)

.

(notary seal) Deputy Clerk or Notary Public

Person Filing:

Address (if not protected):

City, State, Zip Code:

Telephone:

Email Address:

Lawyer’s Bar Number:

Representing Self, without a Lawyer or Attorney for Petitioner OR Respondent

SUPERIOR COURT OF ARIZONA

IN MARICOPA COUNTY

In the Matter of the Guardianship of: Case Number: JG .

AFFIDAVIT OF PERSON

____________________________ TO BE APPOINTED GUARDIAN

a Minor

INSTRUCTIONS: A signed and completed copy of this form must be submitted by each person who wants to

be appointed guardian. If there are to be co-guardians, make a copy before writing on this form.

Answer each statement as TRUE or FALSE. Each answer that is false must be explained in writing in an

attachment to this affidavit.

STATEMENTS MADE UNDER OATH OR AFFIRMATION TO THE COURT: Arizona law A.R.S.

§14-5106 requires the person seeking appointment to answer items 1-12. This document must be filed with the

“Petition for Appointment of Guardian for a Minor”.

The nature of my relationship to the Minor is: (example: grandparent/sister/uncle)

I met the Minor under the following circumstances:

1. True or False I have not been convicted of a felony in any jurisdiction.

2. True or False I have not acted as a guardian for another person for at least three years before I

filed this Petition.

3. True or False I know and understand the powers and duties I would have as a guardian.

4. True or False I have not had a power of attorney for anyone for at least three years before I filed

this Petition.

5. True or False Arizona law requires that a guardian file an annual report with the Court. If I have

Does Not Apply. been a guardian before, I either filed the required documents on time, or within 3

months of receiving a notice from the court that the report was due.

For Clerk’s Use Only

Case No. JG

6. True or False I have never been removed as a guardian or conservator by the Court.

7. True or False I have never received anything of value greater than a total of one hundred dollars

in any one year by gift, or will, or inheritance from an individual or the estate of an

individual to whom I was not related by blood or marriage and for whom I served

at any time as guardian, conservator, trustee, or attorney-in-fact.

8. True or False No business in which I have an interest has ever received anything of value greater

than a total of one hundred dollars in any one year by gift, or will, or inheritance

from an individual or the estate of an individual to whom I am not related by blood

or marriage and for whom I served at any time as guardian, conservator, trustee,

or attorney-in-fact.

9. True or False To the best of my knowledge, I am not named as a personal representative,

trustee, beneficiary, or other type of beneficiary for any individual to whom I am not

related by blood or marriage and for whom I have ever served as guardian,

conservator, trustee, or attorney-in-fact.

10. True or False To the best of my knowledge, no business in which I have an interest is named as

a personal representative, trustee, beneficiary, or other type of beneficiary for any

individual to whom I am not related by blood or marriage and for whom I have ever

served as guardian, conservator, trustee, or attorney-in-fact.

11. True or False I have no interest in any business that provides housing, health care, nursing care,

residential care, assisted living, home health services, or comfort care services to

any individual.

12. True or False I have never been charged with or convicted of any kind of abuse, neglect or

mistreatment of a child or an elderly person. I am not named on any Registry of

this State or any other of Sex Offenders or persons who have committed acts of

abuse, violence or neglect against children or elderly persons. (If you checked

“False”, be prepared to explain the circumstances and why the Court should

appoint you as a guardian in this case.)

OATH OR AFFIRMATION OF THE PERSON SEEKING TO BE APPOINTED GUARDIAN

I have read this document. The information contained in this document is true, correct, and complete to the best of

my belief and knowledge.

Signature of Person to be Appointed Guardian

STATE OF

COUNTY OF

Subscribed and sworn to or affirmed before me this: by

(date)

.

(notary seal) Deputy Clerk or Notary Public

NOTE: IF YOU ANSWERED “FALSE” TO ANY QUESTION ABOVE, YOU MUST ATTACH AN

EXPLANATION AS INSTRUCTED ON THE NEXT PAGE.

The page following is an instruction page only. Do not file it with the Court.

EXPLANATIONS THAT MUST BE ADDED TO THE AFFIDAVIT OF PERSON WHO WANTS TO BE

APPOINTED (Required by Arizona Law: A.R.S. § 14-5106)

You must explain the following as an attachment to your Affidavit for any statement which you marked "F" (false).

FILE THE EXPLANATIONS WITH THE AFFIDAVIT, BUT DO NOT FILE THIS INSTRUCTION SHEET. All the

information in the explanations is also under oath to the court.

1. As to each felony for which you have been convicted, list:

a. The nature of the offense.

b. The name and address of the sentencing court.

c. The case number.

d. The date of conviction.

e. The terms of the sentence.

f. The name and telephone number of any current probation or parole officer.

g. The reasons why the conviction should not disqualify you from appointment.

2. If you have acted as guardian or conservator within three years before filing this petition, list:

a. The names of individuals for whom you are currently serving, and court case numbers.

b. The names of individuals for whom your appointment has been terminated within the three-year

period, and the court case number.

3. If you do not have the required information, please explain how you intend to obtain this information.

4. State the total number of persons for whom you have done this. If you have acted under a power of attorney

for the Minor/protected person, explain:

a. The date the power of attorney was signed.

b. The place where it was signed.

c. The actions you have taken pursuant to the power of attorney.

d. Whether the power of attorney is currently in effect.

5. List the name and location of the court and the name and case number of the files in which you were

delinquent in filing the required report.

6. List the name and location of the court, the name and case number of each file, and the circumstances of

your removal.

7. State the number of occasions on which you received such gifts, list the gifts, the dates they were received,

describe the gifts and list the value of each.

8. State the number of occasions on which the business received such gifts, list the gifts, the dates they were

received, describe the gifts and list the value of each.

9. State the number of occasions on which you have been so named.

10. State the number of occasions on which the business was named.

11. List the name and address of each business and the extent and nature of your interest.

12. Explain in detail the circumstances of any charge or conviction for abuse or neglect of children or the elderly

(not already covered in (1) above), and /or of your name being listed on any registry of sex offenders or

persons who have committed acts of abuse, violence or neglect against children or elderly persons. Include

date(s), location(s), name(s) of any investigating agencies and of any courts involved, as well as the title of

any registry on which you are named and explain the circumstances that resulted in your being listed there.

Explain why this court should appoint you as guardian despite any of these circumstances.

DO NOT FILE THIS SHEET

WITH THE CLERK’S OFFICE

INSTRUCTION SHEET ONLY

Person Filing:

Address (if not protected):

City, State, Zip Code:

Telephone:

Email Address:

Lawyer’s Bar Number:

Representing Self, without a Lawyer or Attorney for Petitioner OR Respondent

SUPERIOR COURT OF ARIZONA

IN MARICOPA COUNTY

In the matter of the Guardianship of:

Case Number:

JG

CONSENT OF PARENT TO

GUARDIANSHIP OF MINOR CHILD

(AND WAIVER OF NOTICE)

A Minor

REQUIRED INFORMATION FROM PARENT, UNDER OATH or AFFIRMATION:

1. INFORMATION ABOUT ME:

Name:

Street Address:

City, State, Zip Code:

Telephone:

Date of Birth:

I am the MOTHER or FATHER of the minor children named above, who need a

guardian.

2. I have read the Petition for Appointment of Guardian of a Minor and consent to the appointment of

(name) to be the guardian of the minor

children.

For Clerk’s Use Only

Case No.: JG

3. I waive notice of all further proceedings in this matter. I understand that I can reverse this waiver by

filing a written document with the court under this court case number declaring that I no longer waive

notice of hearings and other court proceedings.

UNDER OATH OR BY AFFIRMATION

I swear or affirm under penalty of perjury that the contents of this document are true and correct to the

best of my knowledge and belief.

Date

Parent Signature

STATE OF

COUNTY OF

Subscribed and sworn to or affirmed before me this: by

(date)

.

(notary seal) Deputy Clerk or Notary Public

Person Filing:

Address (if not protected):

City, State, Zip Code:

Telephone:

Email Address:

Lawyer’s Bar Number:

Representing Self, without a Lawyer or Attorney for Petitioner OR Respondent

SUPERIOR COURT OF ARIZONA

IN MARICOPA COUNTY

In the matter of the Guardianship of:

Case Number:

JG

CONSENT OF PARENT TO

GUARDIANSHIP OF MINOR CHILD

(AND WAIVER OF NOTICE)

A Minor

REQUIRED INFORMATION FROM PARENT, UNDER OATH or AFFIRMATION:

1. INFORMATION ABOUT ME:

Name:

Street Address:

City, State, Zip Code:

Telephone:

Date of Birth:

I am the MOTHER or FATHER of the minor children named above, who need a

guardian.

2. I have read the Petition for Appointment of Guardian of a Minor and consent to the appointment of

(name) to be the guardian of the minor

children.

For Clerk’s Use Only

Case No.: JG

3. I waive notice of all further proceedings in this matter. I understand that I can reverse this waiver by

filing a written document with the court under this court case number declaring that I no longer waive

notice of hearings and other court proceedings.

UNDER OATH OR BY AFFIRMATION

I swear or affirm under penalty of perjury that the contents of this document are true and correct to the

best of my knowledge and belief.

Date

Parent Signature

STATE OF

COUNTY OF

Subscribed and sworn to or affirmed before me this: by

(date)

.

(notary seal) Deputy Clerk or Notary Public

FOR CLERK’S USE ONLY

Person Filing:

Address (if not protected):

City, State, Zip Code:

Telephone:

Email Address:

Lawyer’s Bar Number:

Representing Self, without a Lawyer or Attorney for Petitioner OR Respondent

SUPERIOR COURT OF ARIZONA

IN MARICOPA COUNTY

In the Matter of Guardianship of Case Number: JG

CONSENT OF MINOR TO

GUARDIANSHIP OF MINOR CHILD

A Minor (AND WAIVER OF NOTICE)

Required information from minor, under oath or affirmation:

1. Information about me:

Name:

Street Address:

City, State, Zip Code:

Telephone:

Date of Birth:

I am the minor child named above who needs a guardian.

2. I have read the Petition for Appointment of a Guardianship of a Minor, and

3. I consent to the appointment of (name)

to be my guardian(s).

4. I waive notice of all further proceedings in this matter. I understand that I can reverse this waiver by filing a

written document with the court under this court case number declaring that I no longer waive notice of

hearings and other court proceedings.

OATH OR AFFIRMATION OF MINOR

I have read, understood, and completed the above statements. Everything I have said is true and correct to the

best of my knowledge, information, and belief.

Date

Minor’s Signature

STATE OF

COUNTY OF

Subscribed and sworn to or affirmed before me this: (date) by

.

(notary seal) Deputy Clerk or Notary Public

PBGTM1 – 0616

GUARDIANSHIP

TRAINING MANUAL

This program was developed under grant number SJI-11-E-008 from the

State Justice Institute. The points of view expressed are those of the

faculty and do not necessarily represent the official position or policies of

the State Justice Institute.

PBGTM1 – 061316

1

IMPORTANT NOTICE

TRAINING REQUIREMENT

Effective September 1, 2012

The Arizona Supreme Court requires that any person who is not a state-licensed

fiduciary (or a financial institution) must complete a training program approved by the

Supreme Court before Letters of Appointment to serve as a guardian, conservator, or

personal representative can be issued by the Clerk of the Court.

TRAINING SHOULD BE COMPLETED BEFORE THE COURT HEARING.

The fiduciary may for good reason request additional time to complete the training.

You may access and complete the training FREE online at:

http://www.azcourts.gov/probate/Training.aspx

Go to the section for “Non-licensed Fiduciaries” and click on the link to access a narrated

slide-show presentation of the materials applicable to your situation.

AFTER reviewing the materials, you will need to inform the Court that you have completed

the training by filing either the Certificate available at the end of the online training, or the

Declaration of Completion form available at the end of this training manual, or from either

the Probate Filing Counter or the Self-Service Center. If you have questions about the

training, contact the Probate Clerk at 602-506-3668.

PBGTM1 – 061316

2

After viewing the contents of this manual you will be able to:

• Summarize the major responsibilities of being a Guardian

• Compare and Contrast the roles of guardian and parent

• Explain the difference between best interest and substituted judgment

• Discuss the difficulties involving making decisions for the Ward

Responsibilities of a Guardian

As the guardian, it is your job to ensure that the ward maintains as much independence and

autonomy as possible. It is easy to fall into the role of protector, but try to keep in mind that your

role is similar to that of a parent to a child. A parent wants to assist a child in navigating the

world around them, ensuring they handle the tasks they are capable of handling on their own so

they can continue to grow and learn. As the guardian of a disabled or elderly adult, you want to

do the same thing. For example, if the ward is capable of maintaining their home without the

assistance of a housekeeper or in-home care provider, allow them to do that. Try to allow them as

much input into your decisions as possible.

Best Interest/Substituted Judgment

Your role as the guardian is to listen to the ward and ensure that their preferences are being met

as long as it does not cause harm. You are in a position to make decisions for the ward in one of

two ways; using either substituted judgment or the best interest standard.

 Substituted Judgment

When making decisions using substituted judgment you are doing exactly as it sounds; making

the decision that the ward would make if they had the mental capacity to do so. You have an

obligation to discuss the decision you are going to make with the ward and listen to their

preferences in that situation. For example, if the doctor is recommending that the ward have

surgery to put in a pacemaker you should discuss this with the ward. Try to put it in terms that

they have the ability to understand. Discuss the benefits and the consequences of the decision

you are about to make. Listen to their preferences and their reason for making the decision.

When using substituted judgment it is also helpful to talk to other family members or friends

about conversations they have had with the ward. Has the ward ever talked about their preference

for medical treatment? Do they want all measures taken to prolong their life or do they want only

pain management? Do they wish to be buried or cremated? Your job is to determine what their

preferences were when they were still capable of making those decisions.

 Best Interest Decisions

Making decisions using substituted judgment may be easier for a guardian dealing with an

elderly disabled ward as opposed to an adult who has been disabled since birth. When dealing

with an elderly ward, at one time they were most likely competent and capable of understanding

cause and effect relationships. As such, they may have discussed their preferences before

becoming disabled; thereby giving you a better understanding of what their wants would be now.

PBGTM1 – 061316

3

With a ward who has been disabled since birth, it may be more difficult to know their wants as

these may never have been clearly expressed. In this situation, or in situations where the ward’s

preferences may cause serious harm or injury, you would be making your decision based on what

you believe to be in the ward’s best interest.

Difficult Decisions

It is never easy to make a decision for another adult that goes against their wishes, but you must

keep in mind that your friend or family member no longer has the ability to truly understand the

consequences of their decision. This is why the court appointed you as guardian – to make the

tough decisions. Ultimately the decision is yours, but if you are making a decision that is in

contrast to the stated or demonstrated preferences of the ward, you should be prepared to defend

that decision.

Coordinating Services

As the guardian, it is your responsibility to ensure that the ward is receiving appropriate medical

care, proper education and their overall health and welfare is protected. As a guardian you will

be responsible for coordinating medical appointments and being aware of the medical needs of

the ward. Do they need hearing aids? What about dentures? Are they diabetic? If so, quarterly

appointments with a podiatrist may be useful.

Maybe the ward is a 19-year-old disabled adult. Can they still attend school? What about

attending life skills training such as cooking or balancing a checkbook? If the ward has the

ability to benefit from this type of training then it is your responsibility to coordinate these

services for them.

Ensuring Medical Needs are Being Met

 What is informed consent?

The National Guardianship Association (NGA) does an excellent job of discussing the issue of

informed consent in their “Standards of Practice.” NGA Standard 6 defines informed consent as

“a person’s agreement to a particular course of action based on a full disclosure of facts needed

to make decisions intelligently.”

In order for it to be considered informed consent, you must have received adequate information

about the issue you are being asked to consider and you must enter into the decision voluntarily

and without feeling coerced.

 Medical Considerations

The NGA provides an online outline that may be very useful when trying to make medical

decisions on behalf of the ward. This outline can be found at

http://www.guardianship.org/documents/Standards_of_Practice.pdf

The pages that follow cover the NGS's Standards of Practice 6.

PBGTM1 – 061316

4

 Informed Consent

As a guardian you should have a clear understanding of the issue for which informed consent is

being sought. If needed, ask as many questions as it takes to feel comfortable that you understand

what is being proposed for the ward. Again, keep in mind the adult/child relationship. What

types of questions would an adult ask if someone was suggesting this course of treatment for a

child?

 Determine Conditions

Determine the conditions that necessitate treatment or action. In other words, what is the

underlying problem that is causing the doctor to suggest this form of treatment? For example,

what if the ward has started exhibiting behavioral outbursts and aggressiveness towards

caregivers and the doctor wants to prescribe an anti-psychotic medication that has potential for

significant side effects? You might first want to consider if these outbursts are because the ward

is in pain and instead of the prescription medication, a simple regimen of over the counter pain

medication would be the better solution.

 Ward’s Preference

Advise the ward of the decision that is required and determine, to the extent possible, their

current preferences. Determine whether the ward has previously stated preferences in regard to a

decision of this nature. This relates back to the substituted judgment vs. best interest standard.

 Alternatives

Determine the expected outcome of each alternative. Using the example of the prescription

medication versus simple medication, is it better to consent to the prescription or to request over

the counter pain medication first to rule out the need for pain management?

In addition to the expected outcomes, you should also consider the benefits and risks of each

alternative. Finally, you should ask, does this decision need to be made now rather than later?

 Later vs. Sooner

In relation to making a decision later rather than sooner, you may want to consider a decision to

take no action at all. Keep in mind, sometimes this is the best decision.

It may be that the ward is elderly and was presented with an option to have a pacemaker in the

past. At the time, the ward was competent and determined that she did not believe the risks of the

procedure were worth the benefit. In this situation you would want to consider her reasoning at

the time she made this decision and make your decision in the same manner.

 Least Restrictive Decision

When faced with a decision you may want to determine what the least restrictive alternative is

for the situation. As the guardian, your role is to ensure that the ward receives the least restrictive

form of intervention to ensure the ward maintains as much independence and autonomy as

possible. In the behavioral example given earlier, over the counter pain medication would be the

lesser restrictive alternative. Living at home with caregivers as opposed to placement in an

assisted living facility or nursing home is another example of a lesser restrictive alternative.

PBGTM1 – 061316

5

 Second Opinion

Obtain a second opinion, if necessary. The same rights you have over your own person, you have

over the ward. If you feel you need a second medical opinion before making a decision for

treatment, by all means, seek a second medical opinion.

 Seek Resources in Family and Friends

It may be helpful to obtain information or input from family, friends or professional fiduciaries.

Again, this goes back to making a decision using informed consent vs. substituted judgment. It is

always beneficial to seek out assistance from the resources available in your community. Many

professional guardians are willing to consult with you to assist you with a particular problem or

issue. Many times they have dealt with a similar situation and can point you in the right

direction. All hospitals will have a bioethics team available to consult with you about a particular

medical procedure. Be familiar with the resources available within your community and use

them.

Written Documentation

Obtain written documentation of all reports relevant to each decision. Always keep in mind that

your decision is open to scrutiny by others; other family members, court-appointed counsel, or

the courts. You want to ensure that you can always support and/or justify a decision you have

made on behalf of the ward.

Ensuring Benefits are Received

You need to ensure that you have applied for and are receiving all of the benefits that the ward

may be entitled to receive. This may include applying to Medicare, the Arizona Health Care Cost

Containment System, the Arizona Long Term Care System, the Veteran’s Administration for

benefits, the Department of Developmental Disabilities, any form of supplemental health

insurance that may be available to the ward, and Medicare Part D to help with prescription drug

coverage.

Ward’s Rights

The rights that the ward maintains will be outlined in your order of appointment. In most

instances the ward will lose the right to drive, vote, determine where they live, consent to

medical treatment or maintain firearms. It should be noted that the right to vote on behalf of the

ward does not transfer to the guardian.

Handling Money

The law allows a guardian to handle money on behalf of the ward if there is no conservator

appointed. In most instances, if the ward receives more than just Social Security income and has

significant assets, such as a home, car or brokerage account, then the court will appoint a

conservator. The Order to Guardian indicates that the guardian shall not manage more than

$10,000 on behalf of the ward. This value comes from the statutes related to a guardian of a

minor. There is no provision in the law to indicate how much money a guardian can manage on

behalf of the adult ward so most courts use the same standard as outlined for minors.

PBGTM1 – 061316

6

Accepting Gifts from the ward

The disclosure statement you must file as the guardian indicates that you have not accepted a gift

from someone, who is not related to you by blood, of more than $100.00. That being said, it is

typically looked at as a conflict of interest for you to accept any gift from the ward without first

seeking court approval. Additionally, the statute requires that a conservator receive court

approval prior to giving any gifts at all on behalf of a ward or protected person. The general rule

is that you should not accept gifts from the ward.

Annual Guardianship Report

 Obtain a physician’s statement

While it is not required that you obtain a current physician’s statement for your annual

guardianship report, it is very helpful for the court if you include one. It can be as simple as a

summary outlining the most recent appointment with the ward or could be as detailed as the

information contained in the original report to the court.

 Annual Report Due Dates

The annual report is due on the anniversary date that your permanent letters of guardianship were

issued. The first report will include the time from the date of your first appoint through the end

of the ninth month after the permanent appointment. For example, if you were appointed as the

temporary guardian on January 1

st

and your permanent letters of appointment were issued on

February 1

st

, the time frame for your first annual guardianship report would be from January 1

st

through November 30

th

. If you only had permanent letters of appointment issued and they issued

on January 30

th

, the report would be from January 30

h

through October 31

st

. Each report after

that will be for an entire year. If the ending date of your first report was October 31

st

, the time

frame for all subsequent reports will be November 1

st

through October 31

st

.

 Information in the Report

The information contained in the guardianship report includes: the ward's current address; how

many times you have seen the ward during the report period; the date you last saw the ward; the

name and contact information for physicians and any specialists seen by the ward, including any

dates for the most recent visits; any major changes in the ward’s condition since the last report;

whether or not you believe the guardianship should continue; an outline of any state or federal

benefits received by the ward, and the caseworker assigned to oversee those benefits.

Change of Address Notification

According to the Arizona Rules of Probate Procedure, Rule 10(C)(1)(c), the fiduciary must

update the probate information sheet with the new address of the ward within three (3) days of

the change of address.

Payment as the Guardian

You are entitled to payment for your time as the guardian. If you intend to seek compensation

from the estate of the ward, you are required to file a Notice of Compensation with the court.

This will outline what you intend to charge as your hourly rate and why you believe you are

entitled to that rate. The court may review your fees on an annual basis. You are also entitled to

reimbursement from the ward’s estate for any money you pay out of pocket for their benefit. For

PBGTM1 – 061316

7

example, if you pay for a filing fee with the court, you would be entitled to be reimbursed for

that expense.

Attorney Fees

 Can you hire an attorney?

You may hire an attorney and you are entitled to have the fees for that attorney paid by the

ward’s estate. Just as you would have to file a Notice of Compensation with the court, any

attorney who intends to seek compensation from the ward’s estate must also file the notice with

the court.

When the Ward Dies

When the ward dies, you must file a Notice of Death with the court within ten (10) days after the

date of death. As an operation of law, your authority as the guardian ceases at the time the ward

dies. If you are managing any funds on behalf of the ward, such as Social Security benefits, you

may be required to return those funds to the Social Security Administration or give them to the

individual who will ultimately be responsible for distributing the ward’s estate to the ward’s

beneficiaries.

Thank you for viewing this training manual. The welfare of the ward

and/or protected person is of utmost importance to the court.

For more information about Probate please visit the Judicial Branch

website devoted to Probate at www.azcourts.gov/probate.

Person Filing:

Address (if not protected):

City, State, Zip Code:

Telephone:

Email Address:

Lawyer’s Bar Number:

Licensed Fiduciary Number: _____________________________________

Representing Self, without a Lawyer or Attorney for Petitioner OR Respondent

SUPERIOR COURT OF ARIZONA

IN MARICOPA COUNTY

In the Matter of the Estate of:

Case Number: JG

DECLARATION OF COMPLETION

OF TRAINING for

A Deceased or Protected Person

NON-LICENSED FIDUCIARIES

Rule 27.1 of the Arizona Rules of Probate Procedure requires that a person to be appointed guardian,

conservator, or personal representative of an estate, who is neither a state-licensed fiduciary nor a

corporation, complete a training program approved by the Supreme Court of this state before permanent

Letters of Appointment are issued, or within 30 days of a temporary or emergency appointment.

UNDER PENALTY OF PERJURY

I state to the Court that in accord with Rule 27.1 of the Arizona Rules of Probate Procedure,

I have completed the required training for non-licensed, non-corporate fiduciaries, as

i

ndicated below: (Check all that apply and provide applicable information.)

Unlicensed Fiduciary

Date completed:

Conservatorship

Date completed:

Personal Representative

Date completed:

Guardianship

Date completed:

Date:

Signature

Printed Name

FOR CLERK’S USE ONLY

INSTRUCTIONS: Fill out this Declaration completely and provide accurate information. Make at least

one copy. You will need to file the original with the Clerk of Court and provide a copy to the Probate

Registrar before receiving any permanent letters of appointment.

AFF