Guardianship of a Physically or Mentally Disabled Person
Are you seeking the assistance of a parent guardianship lawyer Phoenix, AZ trusts, in order to pursue guardianship over a child, disabled person, or adult unable to make decisions on his or her own? If so, you should consult with the guardianship lawyers of Kamper Estrada, LLP. For decades, we have been helping clients find the right solutions to their family needs. Regardless of how complex you believe your circumstances to be, we are ready to listen to your situation and provide you with well thought-out advice. For a consultation with Kamper Estrada, LLP, call us at 602-730-7988.
What is Guardianship?
As a skilled parent guardianship lawyer Phoenix, AZ families rely upon will tell you, guardianship is a legal tool which enables a person, or in some cases an entity, to make decisions for another individual (also known as a ward). Every state has its own guardianship laws, which is why it is important to get advice from a lawyer familiar with the laws of Arizona. Learn about Parent Guardianship Responsibilities FAQs.
It will be up to the court to establish guardianship. In general, a guardian must be appointed for any person who is:
- A minor,
- Disabled, or
- Unable to make decisions on his or her own.
An exception to this might be when a person has a durable power of attorney and medical directives in place.
Depending on what the court orders, a guardian could be able to make financial, medical, and personal life decisions for a ward. It can help to ask a parent guardianship lawyer Phoenix, AZ recommends about your unique situation.
Petitioning Guardianship for a Disabled Person
Various mental or physical disabilities can involve serious, lifelong conditions that impose extreme limitations on a person’s ability to care for himself or herself, make a living, and live independently of others. An experienced parent guardianship lawyer in Phoenix, AZ will often encounter such people needing certain services and treatments that are vital their lives.
That said, nowadays, guardianships over people who are physically or mentally disabled are meant to facilitate independence. A judge may limit the guardianship as much as possible so that the ward maintains some control over his or her life – or as much control as is reasonable. The judge might also consider the ward’s wishes in his or her decision.
The Role of a Guardian
When it comes to the role of a guardian over a physically or mentally disabled person, a judge will typically take time to assess the situation in order to determine what the ward cannot accomplish independently of another person. Per the judge’s findings, the guardian may be granted the ability to:
- Make financial decisions,
- Make medical decisions,
- Make personal life decisions,
- Assure maintenance of care for the ward,
- Ensure medical services are adequate, or
- Ensure educational needs are met.
In addition to the aforementioned, the guardian may be required to provide updates to the court. These should describe:
- The ward’s mental and physical state of health based upon official records and recent exams,
- His or her living situation,
- Services in which the ward takes part,
- Services that the guardian renders, and
- Any monetary assets belonging to the ward.
A guardian for a mentally or physically disabled person is not a caretaker; rather, he or she is a decision-maker. This is typically the extent of the duties involved. A parent guardianship lawyer Phoenix, AZ residents regularly consult can explain this role in further detail during a consultation.
Being Appointed as a Guardian
The qualifications to become a guardian vary by state, but in general, one must:
- Be at least 18 years of age,
- Have no felony convictions,
- Have no misdemeanors that imply any form of dishonesty, or
- Be incapacitated.
The wishes of the ward might also be taken into consideration. If this is not possible, the court will determine whether or not any legal documents state his or her wishes. If this is also not available, the court might first seek to appoint close relatives such as a parent, spouse, adult child, or sibling.
How a Phoenix AZ Parent Guardianship Lawyer Can Help You
Whether you are seeking guardianship of a mentally or physically disabled person, or to create a durable power of attorney and will that names a guardian for you in the case of your own incapacitation, know that we can help. Our firm is skilled in this area of the law, and can answer any additional questions you may have. Call 602-730-7988 today to schedule a consultation with a parent guardianship lawyer Phoenix, AZ prefers from Kamper Estrada, LLP.