Emergency Guardianship in Arizona
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Emergency Guardianship in Arizona:
Senior Planning can assist in the preparation of filing for emergency guardianship. Senior Planning is certified with the state of Arizona as a legal document preparer, which means we can prepare many legal documents at a far lower cost than an attorney. Senior Planning has extensive experience with both guardianship and emergency guardianship. Both types of guardianship allow a court appointed person to make decisions on behalf of an adult who is unable to make decisions themselves.
How do I get an Emergency Guardianship in Arizona?
To obtain emergency guardianship, a person must file a petition with the court. An emergency guardianship can be beneficial because it is an expedited guardianship. An emergency guardianship is typically chosen when imminent financial harm, physical harm, or death is going to happen to an incapacitated person. Emergency Guardianship takes less time to prepare and file because a pre-scheduled hearing is not necessary. However, the court still needs to know why the guardianship is necessary as well as the prospective guardian’s relationship to the incapacitated person. There is also required training that can be found through the link.
How Long Does Emergency Guardianship Last?
This order can last up to thirty days, giving you time to file for permanent guardianship at a scheduled hearing.
Do I need a Lawyer for an Emergency Guardianship in Arizona?
No, you may petition the court for appointment as a guardian on your own behalf. As long as you bring the required paperwork, you do not need a lawyer.
How long does it take to get an Emergency Guardianship in Arizona?
It usually takes about 24-72 hours for a judge to grant an emergency guardianship. This time frame assumes that someone is incapacitated and is indeed in a dire situation. If it cannot be proven that it is an emergency if there is not a guardianship in place, the judge may not grant guardianship.
How does an Emergency Guardianship Work?
A judge will hear the evidence present in an emergency guardianship hearing and determine if there is justification to give a temporary guardianship or conservatorship. As with a permanent guardianship, it must be proven that a person is impaired or incapacitated to such extent that they can not safely take care of themselves. Emergency hearings usually reach conclusion within 24-72 hours and a potential ward/respondent has 48 hours to counter the temporary guardianship.
How does an Emergency Guardianship become Permanent?
At the end of the temporary guardianship order, a party may petition the court to receive a permanent guardianship. A permanent guardianship will be granted if the ward is still unable to take care of themselves and there is no reasonable objection to not granting the guardianship. Guardianship differs slightly between adults and minors, but if it is clear that no one else will be able to provide care or decision making to the ward, the court will grant permanent guardianship.
When is it needed?
One very common case is that someone does not have a power of attorney and is not mentally competent to sign one. Another is a loved one has Alzheimer’s disease or dementia and their doctor has recommended one. As a document preparer, Senior Planning cannot tell you if this process is right for you, but can give you legal information to aid your decision making.
How Long Does it Take?
Emergency hearings happen very quickly once the filing is made. Depending on the circumstances, they can be held anywhere from the same day to one week from filing. Permanent petitions take longer to resolve, depending on the circumstances of your particular situation and where you are filing.
Can I Do This on My Own?
Guardianship and Conservatorship are very serious legal matters that involve preparation, process service, and appearing before a judge. At Senior Planning, our goal is to provide the services you need at affordable rates to make your filing go as smoothly as it possibly can. For extremely complex cases, we may also be able to refer an attorney in matters where you decide you need legal advice.