Types Of Conservatorship In Arizona
Conservatorship
Conservatorship is the term used to refer to guardianship for an incapacitated person, whereas guardianship more often refers to someone becoming the caretaker of a minor child. However, there are several types of conservatorship, though all require a court appointment for the conservator to take over responsibility for some or all affairs of the ward. Here are the types of conservatorship in Arizona.
Conservatorship specifically refers to when someone manages the financial affairs of another. For example, a conservator may manage the investments of a retiree and pay their bills, but the person is free to drive, schedule doctor’s appointments, or even take care of themselves. A parent in the early stages of dementia may be unable to identify scams and lose half their money. Or they may keep bailing out or gifting money though they aren’t paying their own utility bills. Conservatorship allows you to make these decisions for them, though they can make other decisions regarding their daily lives.
Conservatorship on the surface may resemble the role of an agent in a financial power of attorney. However, you get to decide who is your agent in your financial power of attorney document. Furthermore, you can limit their authority. For example, a financial power of attorney may authorize them to pay your bills, sell your car and file your taxes while you’re abroad for a year while preventing them from accessing your investment accounts. It could even be so narrow as to authorize them signing a lease or home purchase agreement but nothing else. On the other hand, a relatively broad financial power of attorney document that goes into effect if you are incapacitated eliminates the need for conservatorship. If conservatorship does become necessary, the agent named in your financial POA is among the top contenders when it comes time for the court to appoint someone.
Limited Guardianship
Limited guardianship means the guardian can only manage some of the affairs of the ward. Limited guardianship will give the guardian permission to:
- Consent to medical treatment for the ward
- Consent to outpatient medical healthcare and treatment for the ward
- Consent to make living arrangements for the ward
- Arrange the education or training of the ward
- Apply for welfare benefits or social services for the ward
Limited guardianship is the default option if you want to commit someone to an in-patient psychiatric facility. In that case, you must have the opinion of a licensed psychologist or psychiatrist backing this decision. That prevents someone from being wrongly imprisoned in a mental ward while someone else drains their bank account or, historically, used it as grounds for divorce.
Note that you can use the same form to seek conservatorship and limited guardianship and even both at the same time. In that case, you could commit someone to a mental hospital and take over their financial affairs. Then you can pay their rent and the hospital bill until they’re able to resume their lives.
A limited guardianship is generally unnecessary if you have a medical power of attorney document already in place.
General Guardianship
General guardianship gives the guardian the right to manage all business affairs and personal matters for the ward. Arizona requires the petitioner to explain what other alternatives have been explored before granting general guardianship. It also asks why you cannot simply use limited guardianship.
Conservatorship
Conservatorship is the term used to refer to guardianship for an incapacitated person, whereas guardianship more often refers to someone becoming the caretaker of a minor child. However, there are several types of conservatorship, though all require a court appointment for the conservator to take over responsibility for some or all affairs of the ward. Here are the types of conservatorship in Arizona.
Conservatorship specifically refers to when someone manages the financial affairs of another. For example, a conservator may manage the investments of a retiree and pay their bills, but the person is free to drive, schedule doctor’s appointments, or even take care of themselves. A parent in the early stages of dementia may be unable to identify scams and lose half their money. Or they may keep bailing out or gifting money though they aren’t paying their own utility bills. Conservatorship allows you to make these decisions for them, though they can make other decisions regarding their daily lives.
Conservatorship on the surface may resemble the role of an agent in a financial power of attorney. However, you get to decide who is your agent in your financial power of attorney document. Furthermore, you can limit their authority. For example, a financial power of attorney may authorize them to pay your bills, sell your car and file your taxes while you’re abroad for a year while preventing them from accessing your investment accounts. It could even be so narrow as to authorize them signing a lease or home purchase agreement but nothing else. On the other hand, a relatively broad financial power of attorney document that goes into effect if you are incapacitated eliminates the need for conservatorship. If conservatorship does become necessary, the agent named in your financial POA is among the top contenders when it comes time for the court to appoint someone.
Limited Guardianship
Limited guardianship means the guardian can only manage some of the affairs of the ward. Limited guardianship will give the guardian permission to:
- Consent to medical treatment for the ward
- Consent to outpatient medical healthcare and treatment for the ward
- Consent to make living arrangements for the ward
- Arrange the education or training of the ward
- Apply for welfare benefits or social services for the ward
Limited guardianship is the default option if you want to commit someone to an in-patient psychiatric facility. In that case, you must have the opinion of a licensed psychologist or psychiatrist backing this decision. That prevents someone from being wrongly imprisoned in a mental ward while someone else drains their bank account or, historically, used it as grounds for divorce.
Note that you can use the same form to seek conservatorship and limited guardianship and even both at the same time. In that case, you could commit someone to a mental hospital and take over their financial affairs. Then you can pay their rent and the hospital bill until they’re able to resume their lives.
A limited guardianship is generally unnecessary if you have a medical power of attorney document already in place.
General Guardianship
General guardianship gives the guardian the right to manage all business affairs and personal matters for the ward. Arizona requires the petitioner to explain what other alternatives have been explored before granting general guardianship. It also asks why you cannot simply use limited guardianship.
