What is a guardianship?

A guardianship is a legal relationship in which a person who is known as the guardian is given authority over the care and management of another person who is known as the ward. In the state of Arizona, guardianships are typically established in probate court when a ward is deemed to lack the capacity to make their own decisions. In these cases, a guardian is appointed to act on behalf of the ward by law. A guardianship becomes necessary if an adult is unable to make decisions due to being mentally incapacitated or mentally ill and therefore unable to take care of themselves. The ward is usually an elderly person, a minor, someone with a mental disability, or even a person whose health is rapidly declining. This is an important distinction. While they may have appointed someone to make decisions on their behalf, generally speaking, a guardianship is only to be established if the ward has been deemed to be unable to make their own decisions. The guardian has a legal obligation to take care of the ward, which may include providing money for the ward’s necessities, providing protection from exploitation, or helping the ward make decisions. The guardian also reports back to the court to keep them informed of the ward’s condition. In some cases, a guardianship may be temporary, with the court setting a specific period for the guardian’s authority to be in effect. In other cases, the court may appoint a guardian until the situation changes or the ward is no longer unable to manage their own finances. In any case, a guardianship is an important legal tool used to protect those who are unable to care for themselves.

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