Featured in Image: Elizabeth Estes, Partner & Managing Estate Planning and Probate Attorney; David Michael Cantor, Founding Partner; and Nicholas Boca, Partner & Managing Family Law Attorney

When an individual can no longer manage their personal or financial affairs, an Arizona Guardianship or Conservatorship may be necessary to protect their well-being and assets if they do not have a Durable Power of Attorney or Medical Directives in place. Whether you are concerned about an aging parent, an adult child with special needs, or a vulnerable family member facing illness or incapacity, the Attorneys at DM Cantor Estate and Probate Practice can guide you through your options and navigate the Arizona Court system’s Guardianships and Conservatorships with clarity, care, and steady legal footing from start to finish. We provide experienced legal representation for families seeking Guardianships, Conservatorships, and High-Asset Conservatorship solutions throughout the state. Our goal remains the same: to protect the individual’s dignity while ensuring their needs and assets are appropriately managed.

We assist with:

• Establishing Guardianships and Conservatorships
• High-net-worth and complex asset Conservatorships
• Emergency and Temporary Appointments
• Contested Guardianship and Conservatorship cases
• Modification or Termination of existing arrangements
• Annual Court Reports, accounting, and compliance
• Resolving disputes between family members

Every situation is unique. Whether the situation involves cognitive decline, disability, illness, or financial exploitation concerns, we help families navigate the Arizona Probate Court efficiently and strategically.

Guardianship and Conservatorship FAQs

What is a guardianship in Arizona?

A Guardianship allows a Court-Appointed Guardian to make personal, medical, and day-to-day decisions on behalf of an adult who lacks the capacity to make those decisions safely on their own.

What is a conservatorship in Arizona?

A Conservatorship grants a Court-Appointed Conservator the authority to manage financial matters, including income, investments, property, and expenses, for an individual who is unable to manage their own finances independently.

What is the difference between a guardianship and a conservatorship?

Guardianship focuses on Personal and Healthcare Decisions. The duties of a guardian include providing personal care, attending to medical needs, ensuring shelter, and fulfilling any other necessary requirements. The guardian must always protect the interests of the “ward” and provide the Court with any report.

Conservatorship focuses on Financial and Asset Management. The duties of a conservator include managing the financial assets of the “protected person” and producing a plan of action for when the assets are exhausted. The Conservator must maintain meticulous records of all monetary transactions and report them periodically to the court. A long-term Conservatorship ends at the death of the protected person unless the Conservator Petitions the Court to end or change their Conservatorship.

Arizona Courts may appoint one person to serve in both roles or appoint separate individuals. The Guardian or Conservator is not a caretaker; instead, they are a decision-maker. Guardianships and Conservatorship cases carry serious legal and financial consequences, especially when significant assets are involved. We provide strategic counsel to protect vulnerable individuals, preserve estates, and ensure full compliance with Arizona Probate Law.

What are the requirements to become a guardian or conservator?

A Guardian or Conservator must be a mentally competent adult, have no Felony convictions in any state, pass a background check, have no Misdemeanors that imply any form of dishonesty, disclose if they have served as a Guardian/Conservator or acted under a Power of Attorney in the prior three years, and complete mandatory Supreme Court of Arizona training for non-licensed individuals. The court may also appoint professional private fiduciaries. Arizona Revised Statutes provide an order of priority for the appointment of a Guardian. (ARS 14-5311)

Who decides if a guardianship or conservatorship is necessary?

An Arizona Probate Court makes this determination after reviewing medical evidence, financial information, and testimony showing that the subject person is incapacitated or unable to manage their own affairs.

Are guardianships and conservatorships permanent?

Not necessarily. They can be Temporary or Permanent, and they may be Modified or Terminated if circumstances change or capacity improves.

Work With a Phoenix Guardianships and Conservatorships Attorney Today

Schedule your free consultation with one of our experienced Phoenix Guardianships and Conservatorships Attorneys at DM Cantor‘s Estate and Probate Practice. For personalized legal guidance on any estate planning matter, call us at (602) 710-1313 to get started with your consultation.