Arizona Adult Guardianship / Conservatorship Petition Package

ARIZONA ADULT GUARDIANSHIP / CONSERVATORSHIP PREPARATION PACKET

Use this packet to collect information for the current official Arizona forms. Do not file it as the petition.

County / Superior Court: [________________________________]

Proposed case number: [________________________________]

Petitioner: [________________________________]

Alleged incapacitated person / person allegedly in need of protection: [________________________________]

1. Route and Form Gate

1.1 Relief Requested

☐ General guardianship

☐ Limited guardianship — requested powers: [________________________________]

☐ Conservatorship

☐ Other protective order: [________________________________]

☐ Combined guardianship and conservatorship

Excluded from this packet: ☐ Temporary / emergency ☐ Minor ☐ Testamentary or written appointment ☐ Inpatient psychiatric-treatment authority ☐ Other: [____________]

1.2 Current Official Form Set

Confirm the current Arizona Judicial Branch page and the filing court's preferred forms before use.

Current Rules of Probate Procedure checked: [DATE / SOURCE]

Local filing, fee, training, service, hearing, and submission requirements checked: [________________________________]

2. Parties and Existing Arrangements

3. Proposed Guardian / Conservator

4. Guardianship Petition Worksheet — A.R.S. § 14-5303

Complete to the extent known.

4.1 Required Petition Information

The petition must state that the guardian's authority may include authority to withhold or withdraw life-sustaining treatment, including artificial food and fluid. A.R.S. § 14-5303(B).

4.2 General or Limited Guardianship

For a general guardianship, state what alternatives were explored and why a limited guardianship is not appropriate:

[________________________________]

For a limited guardianship, identify each requested power and any proposed time limit:

Do not cite A.R.S. § 14-5301.01 as a less-restrictive-alternatives statute. That section concerns effectiveness and confirmation of a guardian appointed by will or other writing.

5. Guardianship Appointments, Reports, and Hearing Rights

On filing, the court sets a hearing. Unless the alleged incapacitated person has independent counsel, the court appoints counsel. The court appoints an investigator and a physician, psychologist, or registered nurse; § 14-5303 controls the required interviews, examination, and written reports.

5.1 Appointment Record

5.2 Healthcare Professional Report — § 14-5303(E)

5.3 Rights Record

The alleged incapacitated person is entitled to be present, see or hear the evidence, be represented by counsel, present evidence, cross-examine witnesses including the appointed examiner and investigator, and have a jury trial. A closed hearing may be requested by the person or counsel. A.R.S. § 14-5303(C).

6. Guardianship Findings — A.R.S. § 14-5304

The proposed order must support clear-and-convincing findings that:

1. The person is incapacitated.
2. Appointment is necessary for demonstrated needs.
3. The needs cannot be met by less restrictive means, including appropriate technological assistance.

Evidence for incapacity: [________________________________]

Demonstrated needs: [________________________________]

Less restrictive means and technology considered: [________________________________]

Why insufficient: [________________________________]

Limited powers and time limits supported by the evidence: [________________________________]

Whether appointment is due solely to physical incapacity: [________________________________]

This packet supplies no automatic loss or retention formula for voting or driving. Use the current official forms, governing law, evidence, and requested order for any such issue.

7. Conservatorship / Protective-Order Petition — A.R.S. § 14-5404

Complete to the extent known.

Requested conservatorship powers or other protective order: [________________________________]

Assets, income, expenses, transactions, risks, and proposed controls: [________________________________]

8. Conservatorship Hearing and Order — A.R.S. § 14-5407

For an adult proceeding, the court sets a hearing and appoints counsel unless the person to be protected has chosen counsel. If the alleged disability is one listed in § 14-5407(B), the court appoints an investigator. A medical or psychological evaluation may be directed on petition or the court's motion.

9. Notice Plan — A.R.S. §§ 14-5309 and 14-5405

For a non-temporary original appointment, both statutes generally require notice at least fourteen days before the hearing, but the recipient sets and proceeding labels differ. Complete the correct route.

9.1 Guardianship

9.2 Conservatorship

The hearing notice must state the time and place and give notice of the jury-trial right. A waiver by the subject person is ineffective unless that person attends the hearing. Counsel must verify § 14-1401 delivery for recipients not personally served.

10. Conservator Bond — A.R.S. § 14-5411

Except for the institutional conservators listed in § 14-5411(B), the court shall require a bond conditioned on faithful performance.

Unless otherwise directed, calculate:

☐ Court-ordered reduction or elimination for good cause to the extent of regular fixed expenses: [________________________________]

☐ Other security proposed instead of sureties: [________________________________]

☐ Institutional-conservator exception: [________________________________]

11. Proposed Order and Letters Checklist

The proposed order must match the relief proved and may not grant powers omitted from the current petition, notice, evidence, or approved form.

12. Post-Appointment Control Record

Do not use a generic deadline from this template. Calendar duties from the signed order, current official forms, current Rules of Probate Procedure, statutes, and local requirements.

13. Verification and Attorney Approval

Petition verification required by current form: [________________________________]

Petitioner signature: ______________________________

Date: [__/__/____]

Attorney review: [NAME / BAR NUMBER / DATE]

Final Review

• ☐ Current statewide and county-preferred forms are attached.
• ☐ Guardianship and conservatorship petition routes are not conflated.
• ☐ § 14-5301.01 is not used as a less-restrictive-alternatives citation.
• ☐ General guardianship alternatives and limited powers are specifically addressed.
• ☐ Counsel, investigator, examiner, reports, and hearing rights match the selected route.
• ☐ Notice recipients, personal service, fourteen-day timing, and jury notice are complete.
• ☐ Findings and proposed powers match clear-and-convincing evidence.
• ☐ Conservator bond uses every statutory addition and deduction.
• ☐ Temporary, emergency, mental-health, minor, and written-appointment issues are separately handled.
• ☐ Post-appointment dates come from the signed order and current official forms.

Sources and References

• A.R.S. § 14-1401 — Notice methods, timing, and proof
• A.R.S. § 14-5301.01 — Written or testamentary guardian appointment; not the less-restrictive-means standard
• A.R.S. § 14-5303 — Guardianship petition and hearing procedure
• A.R.S. § 14-5304 — Guardianship findings and limitations
• A.R.S. § 14-5309 — Guardianship notice
• A.R.S. § 14-5404 — Conservatorship or protective-order petition
• A.R.S. § 14-5405 — Conservatorship notice
• A.R.S. § 14-5407 — Conservatorship hearing and order
• A.R.S. § 14-5411 — Conservator bond
• Arizona Judicial Branch — Probate Forms
• Arizona Judicial Branch — Probate authorities and resources