GUARDIANSHIP DOES NOT AUTOMATICALLY SUSPEND DRIVER’S LICENSE

By Kent Berk on January 21st, 2013 in BLOG, conservatorship, guardianship, testament capacity

A guardian may be appointed for a person (the “ward”) where the ward is incapacitated and a guardian is necessary to care for the needs of the ward. A guardian generally has the powers over the ward that a parent has over a child. Among other things, the guardian may decide where the ward lives, and must provide for the ward’s care and education. The guardian may also arrange for the ward’s medical care.

You may wonder whether a ward who has a guardian may still drive. Fortunately, Arizona law has answered that question. Pursuant to A.R.S. § 14-5304.01, a guardianship does not automatically terminate the ward’s driver license or prevent the ward from obtaining a driver license in Arizona. Rather, upon appointment of a guardian, “the court may determine that the ward’s privilege to obtain or retain a driver license should be suspended and issue an order suspending the privilege.” ”If the court is presented with sufficient medical or other evidence to establish that the ward’s incapacity does not prevent the ward from safely operating a motor vehicle, it may decline to suspend the ward’s privilege to obtain or retain a driver license and issue an order allowing the ward to obtain or retain a driver license.”