Arizona Guardianship & Conservatorship

Quick Assessment Tool · Berk Law Group, P.C.

Free Assessment Tool

Do You Need a Guardianship or Conservatorship in Arizona?

This free tool from Berk Law Group helps you understand whether a guardianship, conservatorship, or a less-restrictive alternative — such as a power of attorney — may be appropriate for your situation under Arizona law.

Basic Definitions

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Guardianship

Court authority to make personal & health decisions for an incapacitated adult.

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Conservatorship

Court-supervised authority to manage the finances and property of an adult.

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Less Restrictive Options

A power of attorney or trust may resolve the need for court involvement entirely.

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Contesting an Existing Guardianship and/or Conservatorship

If a guardianship and/or conservatorship is already in place, you may have grounds to contest or modify it.

Please note: Your answers are not saved or transmitted. Results are general guidance only — not legal advice. Use of this tool does not create an attorney-client relationship. Results are based on the limited information you provide and may not reflect all relevant facts or circumstances. Laws and procedures may change. Always consult a licensed Arizona attorney before taking any legal action.
🔒 Completely private — no data is stored.  |  Not legal advice.
Step 1 of 7 — Who Needs Help?

Who are you seeking help for?

Your relationship to the person helps us tailor the assessment.

Why this matters: Arizona's statutes give priority to different petitioners based on their relationship to the subject person. Your relationship also affects your legal standing to file a petition, contest an existing order, or request modifications. If you are the subject of a proposed guardianship and/or conservatorship, the assessment shifts to focus on your rights as a protected person.
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A parent or grandparentAn aging parent, grandparent, or elder family member who may be losing capacity.
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A spouse or domestic partnerA husband, wife, or partner affected by illness, injury, or disability.
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A sibling, adult child, or other adultAny adult (18+) who may need assistance managing their person or finances.
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Myself — I am subject to a guardianship and/or conservatorshipI have concerns about an existing or proposed guardianship or conservatorship over me.
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Not sure / otherMy situation doesn't clearly fit one of the above.
Step 2 of 7 — Capacity

Does the person have difficulty making or communicating decisions?

Arizona requires a showing of incapacity before a guardian or conservator may be appointed.

Why this matters: Per Arizona law, a court can only appoint a guardian or conservator for an incapacitated person — someone who lacks sufficient capacity to make or communicate responsible decisions due to mental illness, physical disability, dementia, or similar cause. If capacity is intact, a guardianship and/or conservatorship petition would likely fail. This question also helps determine whether executing voluntary documents now (while capacity remains) is the smarter path.
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Yes — significantly impairedCannot make or communicate basic decisions about health care, housing, or finances due to dementia, stroke, severe mental illness, or brain injury.
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Somewhat — declining or fluctuatingCan manage some things but shows memory loss, poor judgment, or difficulty with complex decisions. Varies day to day.
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Minimally or not at all — still makes decisionsUnderstands their situation and can communicate choices, but may need help with certain tasks.
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Not sure / difficult to assessCapacity is unclear, has never been formally evaluated, or is disputed.
Step 3 of 7 — Existing Documents

Does the person have existing legal documents in place?

Select all that apply, or select the appropriate option at the bottom.

Why this matters: Per Arizona law, courts must consider less restrictive alternatives — including existing documents — before appointing a guardian or conservator. A valid, funded trust with a successor trustee, or a comprehensive durable power of attorney, may completely eliminate the need for court proceedings. Knowing what's in place (and whether it's being honored) is one of the most important factors in charting the right path.
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Durable Financial Power of AttorneyAuthorizes an agent to manage finances, property, and business matters
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Health Care Power of Attorney / ProxyAuthorizes an agent to make medical decisions if the person cannot
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Living Will / Advance DirectiveWritten instructions for emergency or end-of-life medical care
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Funded Revocable Living TrustA trust with a named successor trustee who can manage assets upon incapacity
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None of the aboveNo legal documents are in place
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Not sure what documents existI don't know whether any legal documents have been prepared
Step 4 of 7 — Personal Care

Are there personal care or safety concerns?

Select all that currently apply.

Why this matters: A guardian is appointed specifically to protect a person's physical welfare — living arrangements, medical care, and daily safety. If personal care needs are unmet and no legal authority exists to address them, guardianship may be the only remedy. If the only concerns are financial, a conservatorship alone may be sufficient. This question distinguishes which appointment — or combination — is appropriate.
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Medical decisions are going unmade or made without authorityNo one can legally consent to treatment, surgery, or care plans
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Housing or living situation is unsafeThe person cannot safely remain where they are, or is being placed inappropriately
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Daily care needs are not being metHygiene, nutrition, medication, or supervision is inadequate
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Risk of abuse, neglect, or exploitationSomeone may be controlling, harming, or taking advantage of the person
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No personal care concerns — only financialThe person's welfare is secure; the issue is money and assets
Not certain?
Step 5 of 7 — Financial Concerns

Are there financial concerns that need to be addressed?

Select all that currently apply.

Why this matters: Per Arizona law, a conservator may be appointed when a person is unable to manage their property effectively and the result may be waste, loss, or hardship. Unlike guardianship, conservatorship carries heavy court oversight — annual financial accountings, bonding, and court approval for major transactions. This helps determine whether full conservatorship is warranted or whether lighter alternatives (representative payee, trust, POA) may suffice.
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Bills, taxes, or debts are going unpaidRisk of losing housing, utilities, credit, or accumulating tax penalties
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Financial exploitation or theft is occurring or suspectedUnusual withdrawals, transfers, "gifts," or undue influence over accounts or assets
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Real estate or significant property needs management or saleNo one with legal authority can execute documents or manage the property
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Government benefits or legal claims need a representativeSocial Security, VA benefits, settlements, or inheritances require authorized management
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No significant financial concernsFinances are stable or already managed; primary concern is personal care
Not certain?
Step 6 of 7 — Existing Guardianship and/or Conservatorship

Is there already an existing guardianship or conservatorship in place?

This determines whether the path involves a new petition or modifying an existing one.

Why this matters: If a guardianship and/or conservatorship is already in place, the legal strategy is very different from starting a new proceeding. Per Arizona law, any interested person — including the ward — can petition to modify, limit, or terminate an existing guardianship and/or conservatorship if circumstances have changed, the fiduciary is not acting in the person's best interests, or the scope of authority is broader than necessary.
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Yes — and I want to contest, modify, or terminate itA guardianship and/or conservatorship exists and I believe it is unnecessary, too broad, or being abused.
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Yes — and it seems appropriate, I just need guidanceA guardianship and/or conservatorship is in place and I want to understand ongoing obligations and court requirements.
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No — there is no guardianship or conservatorship yetWe are starting from scratch and considering whether to petition the court.
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Not sureI don't know whether a guardianship or conservatorship has been established.
Step 7 of 7 — Urgency

How urgent is the situation?

Urgency determines which legal remedies are available and how quickly you should act.

Why this matters: Per Arizona law, courts can appoint an emergency temporary guardian or conservator when there is imminent risk of serious harm — without waiting for a full hearing. Emergency orders can sometimes be obtained within 24–48 hours. For urgent-but-not-emergency situations, a standard petition can be expedited. Knowing the urgency level directs you to the fastest appropriate remedy.
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Emergency — imminent risk of serious harmThe person is in immediate danger, actively being exploited, or a crisis medical decision is pending with no one authorized to act.
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Urgent — action needed within weeksThe situation is deteriorating and needs to be addressed soon, but is not an immediate emergency.
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Planning ahead — no immediate crisisCapacity is declining and we want to plan proactively before a crisis arises.
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Not sureI'm unsure how to characterize the urgency of this situation.
📋 Assessment Complete