PETITION FOR APPOINTMENT OF [TEMPORARY / LIMITED / GENERAL] GUARDIAN

Superior Court of Arizona, Probate Division – [COUNTY] County

Case No.: ________

[// GUIDANCE: Insert the court‐assigned case number once issued.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions (Jurisdictional Allegations & Core Requests)
IV. Representations & Warranties of Petitioner
V. Covenants & Restrictions Applicable to Proposed Guardian
VI. Default & Remedies (Removal / Replacement)
VII. Risk Allocation (Bond & Fiduciary Indemnification)
VIII. Dispute Resolution & Continuing Court Supervision
IX. General Provisions
X. Execution Block (Verification, Signature, Notary)

I. DOCUMENT HEADER

1. Caption
   a. Court: Superior Court of Arizona, Probate Division – [COUNTY] County
   b. Title: “Petition for Appointment of [Temporary / Limited / General] Guardian of the [Person / Estate / Person and Estate] of [WARD FULL LEGAL NAME]”
   c. Parties:
   • Petitioner: [PETITIONER FULL LEGAL NAME] (“Petitioner”)
   • Proposed Ward: [WARD FULL LEGAL NAME] (“Ward”)
   • Proposed Guardian: [PROPOSED GUARDIAN NAME] (“Proposed Guardian”) – if different from Petitioner
   d. Date of Filing: [DATE]
   e. Governing Law: Arizona Revised Statutes Title 14, Chapter 5; Arizona Rules of Probate Procedure

2. Recitals
   a. Petitioner seeks appointment of a guardian pursuant to A.R.S. § 14-5206 (minor) or § 14-5303 (incapacitated adult).
   b. Venue is proper in this Court because the Ward resides or is present in [COUNTY] County.
   c. No arbitration, jury trial, or contractual remedies are available; the Probate Court retains exclusive jurisdiction.

II. DEFINITIONS

For purposes of this Petition, the following capitalized terms shall have the meanings set forth below:

“Annual Report” means the guardian’s yearly report required by A.R.S. § 14-5315.

“Bond” means the surety bond required under A.R.S. § 14-5206(C) or § 14-5303(B), conditioned on faithful discharge of fiduciary duties.

“Court” means the Superior Court of Arizona, Probate Division – [COUNTY] County.

“Fiduciary Duties” has the meaning ascribed under A.R.S. § 14-5312 and the Arizona Probate Fiduciary Handbook.

“Incapacitated Person” has the meaning set forth in A.R.S. § 14-5101(3).

“Limited Guardianship” means a guardianship in which the guardian’s powers are restricted by specific Court order under A.R.S. § 14-5312.02.

“Ward” means the minor or incapacitated adult who is the subject of this proceeding.

[// GUIDANCE: Insert additional defined terms (e.g., “Physical Custody,” “Property Management”) as needed for special circumstances.]

III. OPERATIVE PROVISIONS

3. Parties & Standing
   3.1 Petitioner is [relationship to Ward] with a residence at [ADDRESS] and is over eighteen (18) years of age and fully competent.
   3.2 Ward is a [minor/incapacitated adult] born on [DOB] and presently residing at [LOCATION], within this Court’s jurisdiction.
   3.3 Proposed Guardian (if not Petitioner) is [NAME], whose address is [ADDRESS], and who is willing and qualified to serve.

4. Nature of Incapacity / Minor Status
   4.1 For Minor: Ward is under eighteen (18) years of age and requires a guardian for reasons stated herein.
   4.2 For Incapacitated Adult: Ward is unable to make or communicate responsible decisions due to [medical diagnosis], supported by the Physician’s Report attached hereto as Exhibit A.

5. Guardianship Requested
   5.1 Type: Petitioner seeks a [Temporary (≤ 6 months) / Limited / General] guardianship of the [Person / Estate / Person and Estate].
   5.2 Scope: Powers requested are those enumerated in A.R.S. § 14-5312 (general) or limited powers specified in Section III § 5.3 below.
   5.3 Limitations (if any): [E.g., medical consent only; residential placement decisions; financial transactions ≤ $____.]

6. Less Restrictive Alternatives Considered
   6.1 Petitioner has explored alternatives, including medical/mental health powers of attorney, representative payee arrangements, supported decision‐making, and finds none sufficient to protect the Ward’s welfare.

7. Bond & Assets
   7.1 Estimated value of Ward’s personal property: $[AMOUNT].
   7.2 Petitioner requests that Bond be:
   a. Set in the amount of $____; OR
   b. Waived pursuant to A.R.S. § 14-5206(C) / § 14-5303(B) because the Ward’s estate does not exceed $[amount] and funds will be placed in a court‐restricted account.

8. Required Reports & Plans
   8.1 Initial Personal Plan: To be filed within sixty (60) days of appointment in compliance with A.R.S. § 14-5315(A).
   8.2 Annual Guardian’s Report & Accounting: To be filed on or before the anniversary of appointment each year.

9. Notice
   9.1 Petitioner will serve all persons entitled to notice under A.R.S. § 14-5309, including the Ward, spouse, parents, adult children, nearest adult relatives, and any person having care and custody of the Ward.

10. Prayer for Relief
    Petitioner respectfully requests that the Court:
    a. Determine the Ward to be a [minor / incapacitated person] under Arizona law;
    b. Appoint [Proposed Guardian] as [temporary / limited / general] guardian of the Ward;
    c. Issue Letters of Guardianship upon filing any required Bond;
    d. Approve the powers and limitations stated in Section III;
    e. Schedule review hearings and reporting deadlines as required; and
    f. Grant such further relief as the Court deems just and proper.

IV. REPRESENTATIONS & WARRANTIES OF PETITIONER

11. Petitioner represents, warrants, and affirms under penalty of perjury:
    11.1 All factual statements herein are true, correct, and complete to the best of Petitioner’s knowledge, information, and belief.
    11.2 Petitioner is not disqualified from serving as guardian by reason of felony conviction, conflict of interest, or adverse interest to the Ward.
    11.3 Petitioner will faithfully discharge all fiduciary duties imposed by statute, rule, and order of this Court.
    11.4 No previous guardianship petitions concerning the Ward are pending in any jurisdiction except as disclosed in Exhibit B.

V. COVENANTS & RESTRICTIONS APPLICABLE TO PROPOSED GUARDIAN

12. Affirmative Covenants
    12.1 Duty of Care & Loyalty: Exercise the degree of care, diligence, and prudence that a reasonable person would employ in managing his or her own affairs.
    12.2 Reporting: Timely submit the Initial Personal Plan and Annual Reports per Section III.8.
    12.3 Court Approval: Seek prior Court authorization for all major medical, residential, or financial decisions outside the scope of ordinary day‐to‐day care.
    12.4 Record Keeping: Maintain contemporaneous records of expenditures, decisions, and communications regarding the Ward.

13. Negative Covenants
    13.1 No Commingling: Guardian shall not commingle Ward’s assets with any other assets.
    13.2 No Self‐Dealing: Guardian shall not borrow from, lend to, or derive personal profit from Ward’s property without specific Court approval.

VI. DEFAULT & REMEDIES (REMOVAL / REPLACEMENT)

14. Events of Default
    14.1 Failure to file required reports or accountings.
    14.2 Breach of fiduciary duty, including mismanagement or self‐dealing.
    14.3 Incapacity, resignation, or death of Guardian.

15. Remedies
    15.1 Upon default, any interested person may petition for:
    a. Removal of the Guardian;
    b. Restitution and surcharge against the Guardian’s Bond;
    c. Appointment of a Successor Guardian;
    d. Other equitable relief, including injunctive orders.

[// GUIDANCE: The Court retains discretion under A.R.S. § 14-5314 to remove a guardian with or without a petition.]

VII. RISK ALLOCATION (BOND & FIDUCIARY INDEMNIFICATION)

16. Bond
    16.1 The Guardian shall obtain and file a Bond in the amount set forth in Section III.7 unless waived by Court order.
    16.2 Bond proceeds shall be the primary source of recovery for any proven breach of fiduciary duty.

17. Indemnification
    17.1 Subject to A.R.S. § 14-5401 and the Probate Court’s supervisory authority, the Guardian shall be indemnified out of the Ward’s estate for reasonable costs and expenses incurred in good‐faith performance of duties, except for losses arising from the Guardian’s gross negligence, willful misconduct, or breach of fiduciary duty.

VIII. DISPUTE RESOLUTION & CONTINUING COURT SUPERVISION

18. Governing Law & Forum
    18.1 This matter is governed exclusively by the laws of the State of Arizona, including the Arizona Probate Code (A.R.S. Title 14) and Arizona Rules of Probate Procedure.
    18.2 The Superior Court of Arizona, Probate Division – [COUNTY] County retains exclusive jurisdiction over all disputes, accountings, and modifications arising from this guardianship.

19. Injunctive Relief
    19.1 The Court may enter temporary orders, protective injunctions, or other equitable relief necessary to safeguard the Ward pending final adjudication.

20. No Arbitration; No Jury Trial
    20.1 By operation of law, guardianship proceedings are non‐jury and not subject to private arbitration.

IX. GENERAL PROVISIONS

21. Amendment & Modification
    21.1 Any modification of guardianship powers or reporting requirements shall be by Court order upon petition and notice to all interested parties.

22. Integration
    22.1 This Petition, together with any Court‐approved exhibits and orders, constitutes the entire request for relief and supersedes all prior oral or written statements regarding the subject matter hereof.

23. Severability
    23.1 If any provision of this Petition is determined to be unenforceable, the remaining provisions shall continue in full force to the maximum extent permitted by law.

24. Electronic Filing & Signatures
    24.1 Electronic filings and signatures made in accordance with Rule 123, Rules of the Supreme Court of Arizona, shall have the same force and effect as original documents.

X. EXECUTION BLOCK

Executed this ___ day of _, 20, at ____, Arizona.

[PETITIONER NAME]
Petitioner

Address: ___
Phone: ___
Email: _____

VERIFICATION

State of Arizona )
County of _____ ) ss.

I, [PETITIONER NAME], being first duly sworn, depose and say that I have read the foregoing Petition and know the contents thereof; that the statements made therein are true and correct to the best of my knowledge, information, and belief.

[PETITIONER NAME]

Subscribed and sworn (or affirmed) before me this ___ day of _, 20.

Notary Public
My Commission Expires: ___

[// GUIDANCE: Attach physician’s report (Exhibit A), list of interested persons (Exhibit B), proposed Orders, and Fiduciary Information Sheet as required by local rules.]