Copper Wren Law

A Legal MinuteGuardianship & conservatorship

When Is It Time to Step In and Help a Loved One Legally?

From Probate Problems and Practical Solutions1:06 watch

The short answer

Guardianship and conservatorship have different requirements. The speaker describes the guardianship requirement, simplified, as showing the person is not making safe decisions; the clip omits the conservatorship requirement. A temporary emergency appointment can come quickly but can expire, so a permanent one may also be needed. Not every family needs both roles; it depends on the family's situation.

From the full episode Conservatorship vs Guardianship: What Arizona Families Need to Know (11:50).

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Transcript

There's a different requirement for a guardianship than for a conservatorship. In a guardianship, somebody just needs to prove that they're not making safe decisions. And at that point, you would need to file something with the courts for an intervention. You would need to meet with an attorney to decide whether it's an emergency situation and you need something temporary and very fast, but that temporary appointment can expire in six months, nine months. So if you need something that's permanent, you want to talk to an attorney to see whether it makes sense to get an emergency temporary appointment or a permanent, or both, and then whether a guardianship or a conservatorship is necessary for your parent.

Maybe somebody needs help with their medical care, but all of their bills are automated, or they have a financial power of attorney where somebody is helping them with their finances and they have that authority, and you only need a guardianship. There are those kinds of situations where it depends on what the family is experiencing and what kind of support you need. It is very tailored to what that family is currently experiencing.

Information on this website is general in nature and is not legal advice. Viewing this website or contacting the firm does not create an attorney-client relationship. Past results and client experiences do not guarantee a similar outcome.

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Helping an aging parent?

If someone you love needs help with their health or their money, we can walk you through guardianship, conservatorship, and the gentler alternatives. The first call is free.

Information on this website is general in nature and is not legal advice. Viewing this website or contacting the firm does not create an attorney-client relationship. Past results and client experiences do not guarantee a similar outcome.