(520) 355-1161
Tucson Emergency Guardianship & Conservatorship Attorney
Experienced Counsel for Emergency Guardianship and Conservatorship Proceedings
Have you suddenly found yourself dealing with a loved one who is unable to make personal or financial decisions for themselves due to a medical emergency or exploitation by another? Seeking guardianship or conservatorship can be emotionally challenging, as the process can take anywhere from 60 to 90 days. Even so, emergency guardianship or conservatorship cases can be handled in as little as one to three days.
No matter your situation, guardianship and conservatorship cases can be challenging to navigate without skilled legal representation. Doug Newborn Law Firm, PLLC, is passionately committed to helping Tucson families when they need it most. Contact our law office to schedule a free consultation.
What is the Difference Between an Emergency Guardianship and a Conservatorship?
Often, Arizona residents may use the terms “emergency guardianship” and “conservatorship” interchangeably. Even so, under state law, there are key legal distinctions that you should be aware of if you have a family member who needs assistance.
Emergency conservatorships and guardianship orders are issued when there is an urgent and immediate need to protect an incapacitated adult or minor child from imminent danger. Emergencies often arise when an individual is in danger or a caregiver passes away unexpectedly.
Emergency Guardianship
Cases involving emergency guardianship focus on the physical well-being of the individual in question. Guardians have a legal responsibility for the individual and make decisions about their living arrangements, medical care, and other day-to-day matters.
Emergency Conservatorship
Emergency conservatorship deals with protecting and managing an incapacitated person’s assets or income if it is determined that they cannot do so for themselves.
When Can I File for an Emergency Conservatorship or Guardianship in Arizona?
Arizona law allows individuals to seek emergency conservatorship or guardianship if an incapacitated person or minor child is at immediate risk of harm, financial exploitation, or serious medical danger. The purpose of these legal actions is to prevent irreparable harm and is only valid for a limited period of time.
Some of the situations that qualify for an emergency filing include:
- Immediate Financial Risk: A current caregiver is inappropriately accessing bank accounts or not managing the individual’s financial affairs appropriately.
- Urgent Medical and Safety Emergencies: The individual cannot take care of themselves appropriately. Examples include a person who has Alzheimer’s or dementia not being able to take their medication, or if they are currently in a violent or dangerous situation.
- Emergency Authority for Critical Decisions: Immediate authority is needed to authorize medical or legal decisions.
Emergency guardianship or conservatorship is generally granted for a limited period, typically 30 days, but it can be extended if necessary. Anyone who wishes to become a permanent guardian or conservator must file a new petition for permanent appointment with the Superior Court. Just as with emergency guardianship or conservatorship proceedings, a new hearing will be held where the judge will evaluate the evidence and decide if you can remain in your position permanently.
What is the Legal Process for Filing for Emergency Guardianship or Conservatorship?
There is a strict legal process you must follow if you wish to file for an immediate appointment of a guardian or conservator. The first step is to file a petition and affidavit with the Superior Court that provides details of the immediate, irreparable physical or financial harm that may come to the individual.
The petition must also include evidence of imminent danger and medical documentation of incapacity. The evidence must show that the physical or financial harm or death is unavoidable without swift action, and cannot wait for a regular long-term hearing, which could take 30 days or longer. You must also make substantial efforts to notify the proposed ward and all other interested parties that a hearing is going to take place.
If approved, a judge can appoint a temporary guardian or conservator within 24 to 48 hours. You should also be advised that emergency guardianship or conservatorship is temporary and generally lasts no more than six months, unless extended by court order.
Who Can Be Appointed as an Emergency Guardian or Conservator?
Many adult children worry about their elderly parents’ overall welfare and their ability to make wellness decisions. In other instances, family members are concerned about their loved ones being financially abused by a caregiver or other relative.
Because Arizona recognizes that emergencies can arise at any time, state law allows any competent adult over 21 to be appointed as an emergency guardian or conservator if the court determines that the proposed ward is in imminent danger and no power of attorney exists.
Individuals who can be approved for emergency guardianship or conservatorship include:
- Family Members and Friends: Spouses, adult children, parents, or close friends who the court deems as appropriate.
- Professional Fiduciaries: Licensed individuals may also serve; however, a public fiduciary is reserved for adult guardianship or conservatorship.
If you have questions about whether you can serve as a guardian or conservator, it is best to consult a knowledgeable attorney who can review your legal options.
Contact Doug Newborn Law Firm, PLLC to Learn How We Can Assist You
When a family member or close friend needs assistance, it can be challenging to know how to help. The most practical solution is to meet with a lawyer experienced in conservatorship and guardianship matters. An experienced lawyer can review the facts of the case to determine what steps you can take immediately to protect the incapacitated person or minor child.
Doug Newborn Law Firm, PLLC, is committed to helping clients in Pima and Maricopa Counties with their legal needs. Whether you fear for the safety of your elderly parents or a close friend, our attorney is ready to assist you.
Contact our law office today at 520-355-1161 to schedule a free initial consultation and begin working on your case.