Guardianships & Conservatorships

Our Phoenix Attorneys Can Help Your Loved One

At Taylor & Lihn, PLLC, we provide solutions for individuals and families who have loved ones who are no longer capable of making sound decisions for themselves to ensure they receive the care they require.

When your family member or loved one turns 18 or is no longer able to manage their personal affairs, it is important to take the necessary steps to protect their interests. Guardianship is a legal process in which an individual, couple, or professional may be appointed, by a court, as a legal guardian to make important decisions for people unable to do so for themselves due to illness, disability, substance abuse, or incapacity. The designated guardian has the legal authority to make decisions in the best interests of the individual related to housing, education, medical care, clothing, and social activities. Guardianships may apply to:

• Elderly adults in assisted living, nursing, or group homes
• Adults suffering from Alzheimer’s disease or dementia
• Special needs adults and children
• Disabled adults and children

To learn more about guardianships and conservatorships in Arizona, call (602) 900-9860.

What Is a Guardianship?

Judges will designate a guardian to make important decisions for people who cannot do so for themselves due to illness, disability, substance abuse, or another incapacity. Once the court deems an individual incapacitated and under the state system, they refer to them as a "ward of the state." The designated guardian can then make decisions for the ward that have to do with housing, education, medical care, clothing, and social activities.

Guardianships may apply to:

• Elderly adults in assisted living, nursing, or group homes
• Adults suffering from Alzheimer’s disease or dementia
• Special needs adults and children
• Disabled adults and children

Conservatorships in Arizona

In a conservatorship, decisions are made concerning money and property. In these situations, a judge will appoint an individual or financial institution to manage money and assets for another individual, deemed a "protected person."

To appoint a conservator, a judge must determine one of the following:

• The person to be protected is not able to effectively manage his or her assets.
• The person to be protected is in a position where his or her assets are in danger of being squandered.

There will be no appointed conservator until a judge has determined one after a hearing. Conservatorships can be temporary or long-term arrangements, depending on the needs of the protected person and the judgment of the court.

What is the difference between a Conservatorship and Guardianship?

The main difference between a conservatorship and guardianship is that a conservatorship focuses solely on property and finances of the individual in question. While a guardianship, involves more aspects such as a person’s healthcare, their clothing, social interactions, etc. 

A person can be designated as both a person’s conservator and guardian. Often their is overlap involving these two roles. A conservator may at times make lifestyle decisions and a guardian may have to make certain financial choices. Every situation is unique and there is not a one size fits all application for this process. It should be noted as well that this is just a basic breakdown of the differences between the two roles. For more detailed information about your unique situation contact one of our Phoenix Adult Guardianship Lawyers today. 

Call for Experienced Counsel in Phoenix

Don’t leave your loved one’s care to chance. Although it can be difficult to acknowledge that you have a loved one who cannot make sound decisions for themselves, it’s important that you don’t wait to act. This means taking the necessary legal steps to protect their best interests and protect their vulnerabilities. 

You want counsel on your side who has an understanding for the situation you’re in, and experience navigating the court system. That’s exactly why Taylor & Lihn is the right choice for you. Our Phoenix Valley guardianship attorneys at Taylor & Lihn, PLLC can discuss your family’s situation, recommend, and implement the best plan to ensure that your loved one remains protected through a guardianship and/or conservatorship.

Contact our team today by calling (602) 900-9860.