How Temporary Guardianship Works in Arizona

Life may require parents to step out of their roles as guardians of their children for a brief time. Being stationed overseas, having a complex surgery, or any other temporary life circumstance may prevent a parent from caring for their child. Other times, a child’s safety may be affected by parental negligence, which may necessitate another family member to step in.

Temporary guardianship in Arizona allows an individual to step into the role of guardian for a minor child or incapacitated adult for a period determined by law. Arizona conservatorship and guardianship laws provide an avenue to protect those you care for when you cannot fulfill the duty or when someone needs you to step in. Working with a Phoenix probate trust litigation lawyer will help you take the appropriate steps to secure temporary guardianship.

Temporary Guardianship Eligibility in Arizona

Temporary guardianship allows an approved adult to provide physical care and make legal decisions for a minor or incapacitated adult for six months. Temporary guardianship in Arizona may be voluntary or court-ordered. A minor at least 14 years old may propose to their guardian. A qualified temporary guardian may include:

  • An eligible family member or trusted friend
  • A court-appointed individual, related or unrelated
  • Private entity
  • Someone named in a last will and testament

In the case of voluntarily appointing temporary guardianship, it is critical to make your wishes known should your child or an incapacitated adult experience a medical emergency in your absence. Additionally, a temporary guardian in Arizona can make decisions that impact the health and safety of someone under guardianship. Temporary guardianship may be delegated under ARS §14-5104.

Who May be Ineligible for Arizona Temporary Guardianship

Not everyone in Arizona is eligible to be a guardian. Specific disclosure requirements exist for proposed guardians. Parties may not be eligible to be temporary guardians for the following reasons:

  • A person has a felony conviction
  • The individual was removed as a guardian previously
  • The potential guardian may gain personally by serving in the capacity

A complete list of disclosure requirements is available.

When Courts Order Temporary Guardianship in Arizona

When a child’s welfare or safety is questioned, the courts may order temporary guardianship. Arizona law defines the circumstances leading to a child’s court-ordered removal. Incapacitated adults may require the same court interventions. A child may be removed from a home for the following:

  • A severe emotional or physical injury occurs and is diagnosable by a medical physician or psychologist
  • Physical injury occurs in the home due to the manufacturing of drugs or narcotics
  • A minor is the victim or will become the victim of abuse or a form of neglect in the time it would take to establish a court order for permanent guardianship.
  • A child is reported to be missing or at risk of severe harm by the Arizona Department of Child Safety.

Steps to Arizona Temporary Guardianship

The following information by the Superior Court of Maricopa can provide detailed instructions concerning the temporary guardianship of a minor in Arizona. Review the following information regarding the temporary guardianship of an adult. If you are considering temporary guardianship or know someone needing temporary guardianship, request the legal experience of a guardian and conservatorship lawyer in Arizona for trusted guidance on critical guardianship issues.