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©Superior Court of Arizona in Maricopa County

PBGA1f – 5216 – 092017

GUARDIANSHIP

For an Adult

OR a person at least 17.5 years old,

to become effective at age 18

Part 1:

Preparing the First Court Papers

(Forms Packet)

Law Library Resource Center

PERMANENT GUARDIANSHIP FOR AN ADULT

(or person at least 17.5 years of age to become effective at age 18)

CHECKLIST

You may use the forms and instructions in this packet if . . .



You want the court to appoint a guardian for an incapacitated adult or for a person

ho is at least 17 and a half years of age who will need a guardian as an adult;



Guardianship will be needed for more than 6 months (“permanent” guardianship),

(See separate “Temporary Orders” packet if need expected to be for 6 months or

less);



The person who needs the guardian lives in Maricopa County;



A doctor or other person authorized by Arizona law A.R.S. §14-5303(C) will say that

the incapacitated person needs a guardian or will need a guardian when he or s

bec

omes an adult; AND



You know that the court does not need to also (or instead) appoint a conservator.

A CONSERVATOR IS GENERALLY NEEDED:

• Because the person for whom the conservator is to be appointed has income or

property which will be wasted or used up unless proper management is provided;

funds are needed for his or her support, or the funds are needed for the support of

persons legally entitled to support from the person said to need the conservator.

*A GUARDIAN IS GENERALLY NEEDED:

• Because the person for whom the guardian is to be appointed is physically or

mentally unable to take care of all of his or her own needs and requires som

eone

egally authorized and responsible for acting in his or her best interests.

*Note: If you are filing for the appointment of a Guardian and/or Conservator for a person aged at

least 17 and a half, the appointment will become effective as of his or her 18

birthday.

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.

©Superior Court of Arizona in Maricopa County PBGA1k-012517

Law Library Resource Center

GUARDIANSHIP

GET A PERMANENT APPOINTMENT FOR AN ADULT

or a person at least 17.5 years old to become effective at age 18

Part 1: Preparing the First Court Papers

(Forms Only)

This packet contains court forms and instructions to file a permanent appointment for an adult or a

person at least 17.5 years old to become effective at age 18. 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!

Order File Number

Title # pages

1 PBGA1k Checklist: You may use these forms if… 1

2 PBGA1ft

Table of Contents (this page)

3 PB10f

“Probate Information Cover Sheet”

4 PBGA11f

“Petition for Permanent Appointment of Guardian of an Adult”

5 PBGC13f

“Affidavit of Person to be Appointed”

6 PBGCA12f

“Petitioner’s Information Sheet to Court Investigator”

7 PBGC14f

“Order Appointing Attorney, Health Professional, Court

Investigator”

8 PBGCA15f

“Guidelines for Health Professional’s Report”

(instructions and form together)

9 PBGC18f

“Notice of Hearing”

PBGC19f

Acceptance of Service with

(Optional) “Waiver of Notice” and

(Optional) “Waiver of Servicemembers Civil Relief Act”

11 PBGTM1

“Guardianship Training Manual”

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.

©Superior Court of Arizona in Maricopa County PBGA1ft-012517

Page 1 of 1

SUPERIOR COURT OF ARIZONA

IN MARICOPA COUNTY

PROBATE INFORMATION COVER SHEET

Case Number: PB

A person needing a guardian or conservator is the “ward”. A person who died is the “decedent”.

INFORMATION ABOUT THE WARD or THE DECEDENT

NAME:

DATE OF BIRTH:

MAILING ADDRESS :

STREET ADDRESS (if different):

TELEPHONE (Home):

SSN:

TELEPHONE (Cellular):

EMAIL:

ADDITIONAL WARDS ARE INVOLVED. Information listed separately.

INFORMATION ABOUT THE PETITIONER, the person filing these papers.

NAME:

MAILING ADDRESS:

TELEPHONE:

EMAIL:

INFORMATION ABOUT PETITIONER’S ATTORNEY: Petitioner is not represented by an attorney, or

NAME:

BAR #

TELEPHONE:

EMAIL:

An INTERPRETER IS NEEDED for this language:

(List Names of) Persons who need interpreter:

Name:

STAFF USE ONLY: REASON FEES NOT PAID: Government Charge Deferred Waived

NATURE OF ACTION: Place an "X" next to number which describes the nature of the case. Check only ONE.

200 ESTATE

____ 201 Formal Appointment of Personal

Representative

____ 202 Informal Appointment of Personal

Representative

____ 203 Ancillary Administration

____ 204 Affidavit of Succession to Realty

____ 205 Trust Administration

____ 206 Formal Probate of Will

____ 207 Informal Probate of Will

____ 208 Proof of Authority

____ 210 Other

Specify

____ 211 Single Transaction/Limited Conservatorship

____ 212 Foreign Domicilliary

220 CONSERVATOR

____ 221 Minor

____ 222 Adult Incapacitated Person

230 GUARDIANSHIP

____ 231 Minor

____ 232 Adult

(including those with Dementia, Alzheimer’s)

____ 233

Adult Requiring In-Hospital Mental Health

Treatment

240 GUARDIANSHIP-CONSERVATOR COMBINATION

____ 241 Minor

____ 242 Adult

(including those with Dementia, Alzheimer’s)

____ 243 Adult Requiring In-Hospital Mental Health

Treatment

FOR CLERK’S USE ONLY

Page 1 of 2

Case No.

By signing below, I state to the Court under penalty of perjury that the contents of this document

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

Petitioner or Attorney Signature

NOTICE

SUBMIT THIS FORM WITH NEW CASES ONLY.

If there is already a (Maricopa County) Probate Court case number and you are filing in an existing

Superior Court case in Maricopa County,

DO NOT SUBMIT THIS FORM.

INFORMATION ABOUT THE FIDUCIARY,

the person to serve as guardian, conservator, or

personal representative (executor) of the Estate of someone who died.

NAME:

DATE OF BIRTH:

MAILING ADDRESS:

STREET ADDRESS: (if different)

TELEPHONE (Home):

SSN:

TELEPHONE (Cellular):

EMAIL:

TELEPHONE (Work):

CERTIFICATION #

(for State-Licensed Fiduciaries ONLY)

RELATIONSHIP TO THE WARD OR (if an estate matter) THE DECEDENT:

PHYSICAL DESCRIPTION:

RACE:

HEIGHT

WEIGHT:

EYE COLOR:

HAIR COLOR:

Page 2

of 2

APE

Page 1 of 8

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 Guardianship of:

Case Number PB:

PETITION FOR PERMANENT

APPOINTMENT OF GUARDIAN

FOR AN ADULT, or

a Minor at least 17.5 years of age,

to become effective at age 18

Name of Person to be Protected

UNDER OATH OR BY AFFIRMATION:

INFORMATION REQUIRED BY ARIZONA LAW (A.R.S. § 14-5303)

1. INFORMATION ABOUT THE PETITIONER (the person filing this petition)

(My) Name:

Address:

Telephone:

Date of Birth:

My interest in or relationship to the person to be protected is:

(examples: mother, father, sister, brother, grandparent, legal guardian)

2. INFORMATION ABOUT THE PERSON TO BE PROTECTED (also known as “the proposed

protected person” or “the ward”)

Name:

Address:

Telephone:

Date of Birth:

FOR CLERK’S USE ONLY

Case No. _______________

APE

Page 2 of 8

3. INFORMATION ABOUT THE PROPOSED GUARDIAN:

(Complete this only if the proposed guardian is someone other than Petitioner.)

Name:

Address:

Telephone:

Date of Birth:

Interest in or relationship to the person to be protected is:

B. PRIORITY FOR APPOINTMENT: The proposed guardian named above has priority for

appointment as guardian under Arizona law A.R.S. § 14-5311, because he or she:

was selected by the (proposed) ward to be the guardian;

was nominated to serve as guardian in the ward's most recent durable power of attorney or

health care power of attorney;

is the spouse of the ward;

is an adult child of the ward;

is a parent of the ward, or was nominated in a will or writing signed by a deceased parent of

the ward;

is a relative the ward has lived with for more than six months before filing this petition;

was chosen by someone who is caring for or paying benefits to the ward;

is a private fiduciary, a professional guardian, conservator, or the Arizona Department of

Veterans' Services.

Other (explain):

4. INFORMATION ABOUT CONSERVATOR (OR OTHER GUARDIAN):

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 Guardian or Conservator, or court proceedings are pending.

(If “yes”, provide details below.)

Name:

Address:

Telephone:

Date of Birth:

Relationship to the person to be protected is:

Was appointed GUARDIAN CONSERVATOR for the ward named in #2 above in:

Name of Court:

Located in:

Case No. _______________

APE

Page 3 of 8

City and State:

Date Appointed:

Other Details:

5. INFORMATION ABOUT NEAREST RELATIVE:

The nearest known relative is the Petitioner the proposed conservator NEITHER.

Name:

Address:

Telephone:

Relationship to the person to be protected is:

6. PROPERTY AND ASSETS OF THE PROPOSED PROTECTED PERSON: (Check one)

The ward has no substantial assets or income. No bond is required;

The ward has assets and/or annual income in the approximate amount of $ ____________

List/Describe:

7. REASONS FOR GUARDIANSHIP: The proposed ward needs a guardian because he or she is

incapacitated as defined by Arizona Law, A.R.S. §14-5101(1), to the extent that he or she lacks

sufficient understanding or ability to make or communicate responsible decisions concerning his or

her own well-being and self-interests. Appointment of a guardian is necessary or desirable to

provide continuing care and supervision of the person, and is in his or her best interests

THE PERSON TO BE PROTECTED IS INCAPACITATED AND IN NEED OF CONTINUING CARE

AND SUPERVISION DUE TO:

(Check all that apply):

Mental illness, mental deficiency, mental disorder as defined by A.R.S. § 36-3501;

Chronic use of drugs; Chronic intoxication;

Physical illness or disability;

Other (explain):

8. TYPE OF GUARDIANSHIP: LIMITED OR GENERAL: (A.R.S. § 14-5303(B)(8))

A. A LIMITED GUARDIANSHIP is requested with the following specific powers:

1. Authority for the guardian to:

Consent to Medical Treatment Consent to Make Living Arrangements

Arrange Education or Training Consent to Marriage

Apply for Public Assistance or Social Services

Consent to Outpatient Mental Health Care and Treatment

Case No. _______________

APE

Page 4 of 8

2. INPATIENT Mental Health Powers: The ward is incapacitated as a result of mental health

disorder as defined in A.R.S. § 36-501.

Authority is requested for the Guardian to place the ward in an Inpatient Psychiatric

Facility for inpatient mental health care and treatment. This request is supported by

the opinion of a licensed psychiatrist or psychologist, attached to and made part

of this document by reference.

3. OTHER LIMITED POWERS REQUESTED: (List and Describe)

Continues on attachment titled “Powers Requested”, made part of this document by

reference.

(OR)

B. GENERAL GUARDIANSHIP is requested. As required by Arizona law, A.R.S. §14-

5303(B)(8)

, less restrictive alternatives to general guardianship, including technological

assistance, have been considered, however: (

Check the box if true*)

The proposed ward is incapacitated in a manner or to an extent that a limited guardianship

would not adequately protect and provide for the proposed ward’s care and well-being.

(Optional additional information)

For the court to order a general guardianship, you must check the box and be prepared to offer

clear and convincing evidence that less restrictive means of meeting the proposed ward’s

demonstrated needs would not be sufficient. (A.R.S. § 14-5304(B))

INPATIENT Mental Health Powers: Authority is requested for the Guardian to place the

ward in an Inpatient Psychiatric Facility for inpatient mental health care and treatment.

This request is supported by the opinion of a licensed psychiatrist or psychologist,

attached to and made part of this document by reference.

C. (Limited or General) DRIVING PRIVILEGES AND VOTING RIGHTS: (A.R.S. §§14-5304)

1. The proposed ward’s incapacity does not prevent or interfere with safe operation of a

motor vehicle. Petitioner requests that the court not suspend the ward’s privilege to

obtain or retain a driver’s license. Medical or other evidence will be presented in

support of this statement and request.

2. The Petitioner believes the proposed ward has sufficient capacity and understanding

to exercise the right to vote. On behalf of the proposed ward, the Petitioner hereby

petitions the court to consider the issue and hold a hearing at the same time as this

Petition. Clear and Convincing evidence will be presented that the proposed

ward has sufficient understanding to exercise the right to vote.

NOTE: A general guardianship includes authority to consent to outpatient mental health

treatment for the ward, but the Court must specifically grant authority to place the ward in an

inpatient mental health facility. Check the box below if the best interests of the incapacitated

person require the Guardian to have this authority.

Case No. _______________

APE

Page 5 of 8

9. INFORMATION ABOUT OTHER COURT or AGENCY INVOLVEMENT

A. Other Court Cases (Mark the box beside the statements below that are TRUE.)

1. Divorce, Legal Separation, or Paternity cases with court orders

 There are NO Divorce, Legal Separation, or Paternity court orders or cases, which include legal

decision-making (custody) or parenting time (visitation) matters for the alleged incapacitated

person.

 YES, a Court Order exists for a Divorce, Legal Separation, or Paternity case involving the alleged

incapacitated person.

● The name of Arizona or other state Court where the above case is located:______________.

● The name of the Arizona or other state case number for the above case is ______________.

 The above case involved legal decision-making (legal custody) or parenting time (visitation).

●The petitioner or proposed guardian in the above-named case is:

 A parent of the alleged incapacitated person – or

 A non-parent who has been awarded legal decision-making for the alleged

incapacitated person.

 I attached a copy of the most recent court order regarding legal decision-making (legal

custody) or parenting time (visitation) from the (Divorce, Legal Separation or Paternity)

mentioned above. (On the top margin of the attached court order copy, write “Attachment

for Question 9.A.)

2. Other Guardianship or Conservatorship cases with court orders



No Guardian or Conservator was appointed by court order in any other court, and no

Guardianship and/or Conservatorship court proceedings are pending for such appointment;

 Someone was appointed Guardian and/or Conservator, or Guardianship and/or Conservatorship

court proceedings are pending. (If “yes”, provide details below.)

Name: __________________________________

Address: _____________________________________________________________

Telephone: ________________________ Date of Birth: _______________________

Relationship to the person to be protected is: ________________________________

Was appointed GUARDIAN OR  CONSERVATOR for the alleged incapacitated.

Name of Court:________________________________________________________________

Located in: City and State:_______________________________________________________

Date Appointed:___________________________ Other Details:_________________________

____________________________________________________________________________

B. Agency Involvement (Place a check mark beside the statements below that are true.)

 A state or local agency is NOT, or has NOT been involved or concerned with the alleged

incapacitated person.

Case No. _______________

APE

Page 6 of 8

 Yes, a state or local agency is, or has been involved or concerned with the alleged incapacitated

person The following state or local agency has a case with or has checked on the alleged

incapacitated person: (Mark the box beside the agency involved, and write in the date of

involvement)

 Division of Aging and Adult Services ________________________________

 Department of Child Safety

 Division of Developmental Disabilities

 Police

 Other Agency: ____________________________

Authority granted to a guardian may include the authority to withhold or withdraw life

sustaining treatment, including artificial food and fluid.

(A.R.S. § 14-5303(B)).

10. APPOINTMENT OF PHYSICIAN or other health professional authorized or required by A.R.S. §

14-5303(c) or § 14-5312(B): (Guardianship cannot be established for an adult unless the adult is

examined by a medical doctor, registered nurse or psychologist whose written report is filed with

the court before the hearing. If authority to consent to inpatient mental health care is requested, the

report or a separate report recommending such authority must be prepared by a licensed

psychiatrist or psychologist.)

The proposed protected person will be examined by a physician or other health professional

authorized by A.R.S. § 14-5303(C) or § 14-5312 (B)), whose written report I will file with the court.

The examiner will also indicate whether the protected person’s driving privileges should be

suspended and whether inpatient mental health treatment is recommended.

The person I say is in need of protection will be examined by:

Name:

Address:

Telephone Number:

Email:

Professional Title:

Medical Doctor Registered Nurse Psychologist

11. APPOINTMENT OF AN ATTORNEY (Guardianship or conservatorship cannot be established

for an adult who does not have an attorney appointed by the Court to represent his or her interests

in court.) (Check one box only and fill in the information requested):

The person I say is incapacitated already has an attorney who I request be appointed to

represent him or her in court regarding the proposed guardianship and conservatorship:

Name of Attorney:

Address:

Telephone Number:

Case No. _______________

APE

Page 7 of 8

The prior relationship (if any) between the attorney and the Petitioner or the Ward consists of:

(Explain)

The incapacitated person does not have an attorney. I will contact the Office of Public

Defense Services at (602) 506-7228, to arrange for a lawyer to be appointed by the court

after this petition is filed.

REQUIRED STATEMENTS TO THE COURT: (Note: All of these statements must be true for

this court to have the authority to grant your Petition.)

12. TRUE Venue (the court in which you are filing this Petition) is proper in this county

because the proposed protected person lives in or is present in this county.

13. TRUE The proposed guardian has completed the Affidavit of Person to be

Appointed as Guardian of an Adult and is filing that Affidavit with this

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

14. TRUE I or the person I request to be appointed in section 3 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, 5311, and/or 5410.

15. PERSONS ENTITLED TO NOTICE of this matter under Arizona law §14-5405 and to whom I

will give notice of this case:

(See instructions.)

Name Address Relationship to the Ward

Additional persons (or agencies) are listed on attachment (“Additional Parties Entitled to Notice”, made part of this

document by reference.)

EQUESTS TO THE COURT:

Petitioner asks the court to:

1. Appoint a lawyer to represent the proposed protected person’s interests, a physician or other

health professional authorized by A.R.S. § 14-5303 or 5312 to report on his or her physical

and

ental condition, as well as a court investigator.

2. After Petitioner gives notice of the hearing to all interested persons and to those required by law,

hold a hearing to determine if the Court should order a Guardianship;

3. Make a finding that the person is incapacitated, needs a guardian, and if applicable, make a finding

hat the incapacitated person requires inpatient mental health care;

Case No. _______________

APE

Page 8 of 8

4. Make a finding that the person needs protection under law;

5. If a general guardianship is ordered, make a finding that less restrictive means, including

technological assistance were considered, but not adequate or appropriate;

6. Appoint the person proposed in this petition as Guardian of the protected person;

7. Make any other orders the Court decides are in the best interests of the proposed incapacitated

person.

UNDER OATH OR 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

Signature

Printed Name

STATE OF

COUNTY OF

Subscribed and sworn to or affirmed before me this:

(date)

by .

(notary seal) Deputy Clerk or Notary Public

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 Case Number: PB

Guardianship and/or Conservatorship of:

AFFIDAVIT OF PERSON TO BE

APPOINTED

GUARDIAN OR CONSERVATOR

A.R.S. § 14-5106

an Adult or a Minor

INSTRUCTIONS: As required by Arizona law A.R.S. § 14-5106, indicate whether statements 1-11 below

are true or false, and provide the information requested to complete “12” and “13”. Explain any “false”

statements on separate page(s) and attach to this document before filing. Sign the document in the presence

of a Clerk of the Court or a Notary Public, and file along with the Petition for Appointment of Guardian

and/or Conservator.

UNDER PENALTY OF PERJURY, I SWEAR OR AFFIRM:

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 or conservator 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

and/or conservator.

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. To the best of my knowledge, neither I nor any business in which I have

an interest is listed in the Elder Abuse Registry at the Office of the Arizona

Attorney General.

6. True or False. If I have been a guardian/conservator before, I either filed the required

documents on time, or within 3 months of receiving a notice from the

court that the report/accounting was due.

7. True or False. I have never been removed by the court as a guardian or conservator.

FOR CLERK’S USE ONLY

©Superior Court of Arizona in Maricopa County PBGC13f - 050115

AFF

Page 1 of 2

Case No.: ____________________

8. True or False. Neither I nor any 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 was 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, neither I nor any business in which I have

an interest is named as a personal representative, trustee, devisee

(beneficiary of a will), 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. 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.

(Explain every “false” above on separate page(s) and attach to this document before filing.)

11. My relationship to the proposed person in need of protection is:

(Examples: parent/grandparent/sister/caregiver/friend)

12. I met the proposed ward under the following circumstances:

OATH OR AFFIRMATION OF THE PERSON TO BE APPOINTED GUARDIAN AND/OR

CONSERVATOR

I swear or affirm that I have read and understand the contents of this document, and that the

information I have provided is true and correct to the best of my knowledge and belief.

Date

Signature

Printed Name

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.

Page 2 of 2

©Superior Court of Arizona in Maricopa County PBGC13f - 050115

AFF

Case No.: ____________________

EXPLANATIONS THAT MUST BE ADDED TO THE AFFIDAVIT OF A PERSON

WHO WANTS TO BE APPOINTED GUARDIAN OR CONSERVATOR

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

For any corresponding numbered statement on the Affidavit which you marked "False", explain the

following on a separate page or pages and attach to your Affidavit. The information provided in the

attachment is covered by the same oath or affirmation and penalty of perjury as the Affidavit.

FILE THE EXPLANATIONS WITH THE AFFIDAVIT, BUT DO NOT FILE THIS PAGE.

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. State the total number of persons for whom you have served as a guardian or conservator. If you

have acted under a power of attorney for the proposed ward/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.

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

information.

5. State the reason for such listing on Elder Abuse Registry and the name of any business in which

you have an interest that is listed on the Registry

6. 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.

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

circumstances of your removal.

8. State the number of occasions on which you and/or any business in which you have an interest

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

9. State the number of occasions on which you or any business in which you have an interest have

been named as a personal representative, trustee, or other type beneficiary listed.

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

DO NOT FILE THIS SHEET

WITH THE CLERK’S OFFICE

INSTRUCTION SHEET ONLY

Page 1 of 1

©Superior Court of Arizona in Maricopa County PBGC13f - 050115

AFF

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

PETITIONER'S INFORMATION SHEET

TO COURT INVESTIGATOR

Instructions to Petitioner: You must complete this form and send it to Court Administration. This

information will assist the Court Investigator in scheduling and conducting an appointment with the

proposed ward, the person for whom a guardian and/or a conservator is said to be needed.

Incomplete or inaccurate information may cause the Court hearing on your Petition to be

delayed.

Your Case Number: PB

INFORMATION ABOUT THE PROPOSED WARD (the person said to need guardian or conservator):

Name:

Telephone:

Present Address:

Permanent Address:

(if different)

Email Address:

Language person speaks:

Information about communication barriers:

PRIMARY WEEKDAY LOCATION

Monday-Friday, 8:00 A.M. TO 5:00 P.M., the Ward can usually be found at:

(List full address below)

2. INFORMATION ABOUT THE PROPOSED GUARDIAN AND/OR CONSERVATOR:

Petitioner

Co-Petitioner

Name:

Address:

City, State, Zip Code:

Home Telephone:

Work Telephone:

Email Address:

FOR CLERK’S USE ONLY

Case No. ____________________________

Race:

Height:

Weight:

Color of Hair:

Color of Eyes:

Relationship to Ward:

3. INFORMATION ABOUT THE COURT-APPOINTED PHYSICIAN (or other authorized evaluator):

Name:

Telephone:

Address:

If not a physician, the evaluator is a Registered Nurse Psychologist Psychiatrist

Email Address:

4. INFORMATION ABOUT PETITIONER'S ATTORNEY:

Name:

Telephone:

Address:

Email Address:

5. INFORMATION ABOUT CO-PETITIONER’S ATTORNEY:

Name:

Telephone:

Address:

Email Address:

For Court Use Only:

Date and Time of Hearing:

Commissioner:

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

Guardianship and/or Conservatorship for:

Case Number PB:

ORDER APPOINTING ATTORNEY,

HEALTH PROFESSIONAL,* and

COURT INVESTIGATOR

regarding Petition for: (check one or both)

GUARDIANSHIP CONSERVATORSHIP

Name of Adult, or Minor Needing Protection

*a physician or other medical professional

authorized by A.R.S. § 14-5303 (C)*

1. SCHEDULED HEARING: A sworn Petition for Appointment of a Guardian and/or Conservator was

filed and this court has scheduled a hearing to determine the merits of the Petition as follows:

DATE AND TIME:

LOCATION:

JUDICIAL OFFICER:

2. ATTORNEY APPOINTMENT: An attorney is appointed to represent the person by appearing at

the hearing:

NAME:

TELEPHONE:

ADDRESS:

Counsel shall adhere to the Court’s Guidelines for Appointed Counsel.

3. HEALTH PROFESSIONAL APPOINTMENT AND REPORT: A physician or other medical

professional authorized by Arizona law A.R.S. §14-5303(C) is appointed to examine the proposed

ward and to prepare a written report about his or her physical and mental condition:

NAME:

TELEPHONE:

ADDRESS:

The appointee, if other than a medical doctor, is a:

Psychologist

Registered Nurse (R.N.)

FOR CLERK’S USE ONLY

ORD

Page 1 of 2

Case No.

4. COURT INVESTIGATOR: An investigator from the court shall visit the proposed ward and

submit a written report to the Clerk of the Court, Probate Registrar at least ten business days before

the hearing date and shall give a copy of the report to the Petitioner or his or her attorney and to the

attorney for the proposed ward.

5. OTHER ORDERS TO PETITIONER:

A. WITHIN 24 HOURS FROM THE DATE OF THIS ORDER, Petitioner must mail

or deliver to the court-appointed attorney named in “2” above, copies of:

1. the Petition for Permanent Appointment and all related court paperwork,

2. any health professional’s reports in his or her possession, and

3. any Orders of the court.

B. IF an “Evaluator” is named in “3” above, NO LATER THAN 10 BUSINESS DAYS BEFORE

THE HEARING, Petitioner must:

1. File the original of the health professional’s Report with the Clerk of the Court,

Probate Registrar;

2. Mail or hand-deliver a copy of the Report to the:

a. attorney named in paragraph 2,

b. offices of the Judicial Officer named in paragraph 1, and

c. offices of the Court Investigator, 125 West Washington, Phoenix, AZ 85003.

Other:

DONE IN OPEN COURT:

JUDGE/COMMISSIONER

ORD

Page 2 of 2

GUIDELINES FOR

HEALTH PROFESSIONAL’S REPORT

COURT CASE NUMBER:

NAME OF EVALUATOR:

EVALUATOR’S PROFESSION: Physician Registered Nurse Psychologist

NAME OF PATIENT (subject of this evaluation):

(Person said to need guardian)

NAME OF PETITIONER:

PETITIONER’S TELEPHONE NUMBER:

DATE AND TIME OF COURT HEARING:

INSTRUCTIONS TO PETITIONER: Fill in the information below and give this document to the physician,

registered nurse, or psychologist appointed by the Court to evaluate the health of the person said to need protection

immediately after the “ORDER APPOINTING (Attorney, Health Professional, and Court Investigator)” is signed.

The complete written report should be given to everyone listed in the “ORDER APPOINTING” no later than

10 days before the scheduled hearing.

INSTRUCTIONS TO PHYSICIAN OR OTHER EVALUATOR: A court case has been filed that asks the court to

appoint a guardian for the person named as “Patient” above. Before granting such a petition, the court must

decide if mental, physical, or other cause exists which requires appointment of a guardian. To make that

decision, the Court needs to know what you think about:

•

the person’s mental and physical health, and

•

whether the person needs inpatient mental health treatment, and

•

whether the person’s driving privileges should be suspended.

The court has developed this form to make it easier for you to prepare your report. You may submit your

report using this form or in any format you choose

, but please provide the same type of information as

provided for on this form. Note that if the Petitioner is seeking authority to consent to inpatient mental health

treatment this report or a separate report recommending such authority must

be signed by a licensed

psychologist or psychiatrist. (A.R.S. § 14-5303(C))

After you complete the report, give the original report to the Petitioner,

who is responsible for distributing

copies to the proper parties. Please do not file your report with the Clerk of the Court.

PLEASE DATE AND SIGN YOUR REPORT. The Court realizes that your time is valuable.

THANK YOU FOR YOUR TIME AND ASSISTANCE.

FOR CLERK’S USE ONLY

Case No.

PBGCA15f-092017

Page 2 of 6

QUESTIONS FOR HEALTH PROFESSIONAL TO ANSWER:

3. Why were you asked to do this evaluation?

I have been the person’s physician for many years.

I was asked to do so by the family.

I was selected by an attorney.

My office is close to the person’s residence.

I am a doctor, registered nurse, or psychologist, for the person’s nursing home.

Other:

4. What is your area of specialty?

Are you Board Certified in this area? Yes No

In any other areas?

Yes No

If “yes”, list:

Does the person you are evaluating appear to be having difficulty in any of the following areas?

Mental disorder Physical illness

Chronic intoxication or drug use Cognitive abilities

Anything else (explain below) Physical illness ONLY

If he or she is having difficulty, please specify the nature of the illness, disorder, etc., including

diagnosis:

Has the person been treated or hospitalized before for this difficulty? Yes No

If yes, when and where?

1. What is the date you last saw the patient?

(Include date of this report if patient seen that date) ___________________________________________

2. How long have you been treating the patient? ____________________________________________

Note: If not enough space on this form to answer, write in “See attached” and respond on separate page.

Please re-state the question on the attachment and use same number as from this document.

Case No.

PBGCA15f-092017

Page 3 of 6

Is the person able to do the following things? Please check each applicable box.

Pay his or her bills Take medication appropriately

Obtain food Provide adequate housing

Live alone Exercise daily self-help skills

Make appropriate judgments that will protect him or her personally, physically, or financially

Drive a motor vehicle. (If “yes”, explain below.)

If you believe a guardianship is warranted but you believe the person to be protected is capable

of and should be permitted to drive a motor vehicle, please explain.

If the person is currently on medication, please list:

10.

Do you believe that the medication is affecting the person’s ability to respond coherently?

Yes

11.

Do you believe that the medication is affecting the person’s ability to ambulate? Yes

12.

Do you believe that a “medication holiday,” if possible, would help you better evaluate the person?

Yes

13.

Do you believe that any changes made in the type or amount of drugs the person is receiving would

noticeably affect his or her mental or physical abilities?

Yes

14.

Do you believe that any further medical evaluation or treatment would benefit the person?

Yes

If so, please give your recommendation:

15.

Do you think the person would benefit from other types of therapy such as counseling?

Yes No If yes, describe:

Case No.

PBGCA15f-092017

Page 4 of 6

16.

Where do you think the person should live today?

At home with a companion At home with a nurse

In a group home In a boarding home

In a supervisory care facility In a nursing home

In a hospital

In an Inpatient Psychiatric Facility for inpatient mental health treatment. Explain.

Other -- please explain.

17.

Do you believe that the person’s condition could improve within 6 months to a year?

Yes

18.

Is there is any reason for the court to review this matter again within less than one year?

Yes

19.

Please make any additional comments or suggestions you think would be helpful to the court in

making this decision.

MENTAL HEALTH TREATMENT ISSUES (This section must be completed IF the petitioner is

requesting authority for a guardian to consent to inpatient mental health treatment, and if so, this report

or a separate report covering this information must be completed and signed by a licensed

psychologist or psychiatrist.)

1. Is it the opinion of the undersigned that the patient is incapacitated as a result of a mental disorder?

Yes No

What is the mental disorder?

Note: If not enough space on this form to answer, write in “See attached” and respond on separate page.

Please re-state the question on the attachment and use same number as from this document.

Case No.

PBGCA15f-092017

Page 5 of 6

Is it the opinion of the undersigned that the patient is likely to need inpatient mental health care

and

treatment within the next year? Yes No (The maximum term for which authority

may be

granted to place a patient in an Inpatient Psychiatric Facility and treatment is one year. This

authority may

be renewed or extended based on the evaluation and recommendation of a licensed

physician or psychologist submitted with the annual report of the guardian. A.R.S. § 14-5312.01(P))

In the event that the answer to #3 is “Yes”, please explain the need for, and the anticipated

onset and duration of the inpatient treatment:

What kind of treatment is the patient currently receiving for this disorder?

Give a comprehensive assessment of any functional impairments of the patient.

How and to what extent do these impairments affect the patient’s ability to receive or

evaluate information needed in making or communicating personal and financial decisions?

What tasks of daily living is the patient capable of performing without direction or with

minimal direction?

What is the most appropriate rehabilitation plan or care plan for the patient?

10.

What would be the least restrictive living arrangement reasonably available for the patient?

Case No.

PBGCA15f-092017

Page 6 of 6

11.

Is there any reason why this patient should not personally appear in court? Yes No

If “yes”, please explain.

12.

Please make any additional comments or suggestions you feel would be valuable to the court:

DATE REPORT PREPARED:

SIGNATURE

PRINTED NAME, PROFESSIONAL TITLE (MD, RN, etc.)

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

Case Number: PB

Guardianship and/or Conservatorship for:

NOTICE OF HEARING REGARDING

(Check one box)

Guardianship Conservatorship

an Adult a Minor

Guardianship and Conservatorship

THIS IS A LEGAL NOTICE; Your rights may be affected.

An important court proceeding that affects your rights has been scheduled. If you do not understand this

notice or the other court papers, contact an attorney for legal advice.

1. NOTICE IS GIVEN that the Petitioner has filed with the Court the following Petition and other court paper

indicated below (Check the box to indicate whether the Petition was for a Permanent or Temporary

appointment, and a second box to indicate whether for Guardian and Conservator, or just one)

Petition for

Permanent

Appointment of a

Guardian and Conservator (or)

Temporary

Guardian or Conservator (only)

Affidavit of Person to be Appointed

2. COURT HEARING. A court hearing has been scheduled to consider the Petition and matters in the court

papers as follows:

DATE and TIME

PLACE:

JUDICIAL OFFICER:

3. RESPONSE TO PETITION. You are not required to respond to this Petition, but if you choose to

espond, you may do so by filing a written response or by appearing in-person at the hearing. If you choos

o file a written response:

• File the original with the Court;

• Provide a copy to the office of the Judicial Officer named above; and

• Mai

l a copy to all interested parties at least five (5) business days before the hearing.

If you object to any part of the Petition or Motion that accompanies this notice, you must file with the court a

written objection describing the legal basis for your objection at least three (3) days before the hearing date

or you must appear in person or through an attorney at the time and place set forth in the notice of hearing.

There is a FEE for filing a response. If you cannot afford the fee, you may file a Fee Deferral Application to

request a payment plan from the Court.

DATED:

(Month/Day/Year) Petitioner's Signature

FOR CLERK’S USE ONLY

NOH

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:

Case Number: PB

(Optional) WAIVER OF NOTICE and

(Optional) WAIVER OF SERVICE

MEMBERS

CIVIL RELIEF ACT(SCRA) RIGHTS

regarding:

Guardianship

Conservatorship

(check one or both)

An incapacitated or protected Adult or Minor

UNDER PENALTY OF PERJURY, I SWEAR OR AFFIRM:

1. MY RELATIONSHIP to the incapacitated or protected person named above is:

(examples: parent, grandparent, guardian)

2. I HAVE RECEIVED the Petition and/or other court papers indicated below:

(

Check the box next to [only] the documents you received.)

Petition for Permanent Appointment of: Guardian Conservator

Petition for Temporary/Emergency Appointment of: Guardian Conservator

Order Appointing Attorney, Health Professional, Court Investigator

Affidavit of Person to be Appointed Consent of Parent (only if regarding a minor)

FOR CLERK’S USE ONLY

WAV

Case No. ______________

Petition for Approval of Accounting

Annual Report of Guardian

Other:

3. (Optional) I WAIVE NOTICE of all court filings and proceedings regarding this matter.

understand that I can reverse this waiver by filing a written document with the court under

this case number declaring that I no longer waive notice of hearings and other court

proceedings.

4. MILITARY STATUS

I am NOT on active duty in the U.S. military;

I AM on active duty in the U.S. military.

If you are on active duty with the U.S. military, see the information on your rights under the

Servicemember’s Civil Relief Act and the optional waiver of the right to delay this court proceeding

under the Act on the page following.

WAV

Case No. ______________

SERVICEMEMBER’S CIVIL RELIEF ACT (SCRA)

INFORMATION AND OPTIONAL WAIVER

NOTE: When military duty interferes with the ability to participate in a case, the

Servicemember’s Civil Relief Act (SCRA) may permit a service member to delay or overturn a

civil court proceeding. Waiving this right does NOT affect your right to later request a change

regarding court appointment of a guardian or conservator.

It is generally advisable to consult a military legal assistance attorney before waiving any rights

under the Servicemember’s Civil Relief Act. If Luke Air Force Base is the military installation

closest to you, you can contact the legal office at 623-856-6901. Otherwise, contact the legal

office at the nearest military installation.

IF ACTIVE DUTY MILITARY and you do not wish to delay court proceedings in this matter,

check the box below to WAIVE any right that may apply under the SCRA to cause the court to

delay.

(Optional)

I WAIVE any right I may have under the SCRA to delay this matter.

WAIVER OF NOTICE and (if applicable)

SERVICEMEMBER’S CIVIL RELIEF ACT (SCRA) WAIVER

I have read and understand this Waiver of Notice and the separate Servicemember’s Civil Relief Act

Waiver. I understand that I am not required to either waive notice or any rights that may apply under

the SCRA, but if I have waived either notice or any rights under the SCRA as indicated above or on the

preceding page, I do so voluntarily.

WAV

Case No. ______________

UNDER PENALTY OF PERJURY

I swear or affirm that I have read and understand this document and that the information I have

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

Date

Signature of Person Receiving Documents

Printed Name

STATE OF

COUNTY OF

Subscribed and sworn to or affirmed before me this: by

(date)

(notary seal) Deputy Clerk or Notary Public

WAV

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

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 Law Library Resource Center . If

you have questions about the training, contact the Probate Clerk at 602-506-3668.

PBGTM1 – 061316

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

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

 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

 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

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

and your permanent letters of appointment were issued on

February 1

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

through November 30

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

on January 30

, the report would be from January 30

through October 31

. Each report after

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

, the time

frame for all subsequent reports will be November 1

through October 31

 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

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.

PBGTM1 – 0912

Your Name:

Your Address:

Your City, Zip Code:

Your Telephone No.

Represents Self OR Attorney for:

State Bar Number (if applicable):

SUPERIOR COURT OF ARIZONA

IN MARICOPA COUNTY

In the Matter of the Estate of

Case Number PB:

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.

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 indicated 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.

Sign the document

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