Arizona Guardianship of a Minor Petition
Arizona hears this Title 14 petition in Superior Court, where Maricopa County uses its own numbered JG form and Pima County uses a differently numbered G/C form for the identical petition, gates appointment on parental consent rather than a best-interest override, caps a temporary guardian at six months, and requires a fingerprint background check only when the proposed guardian is not related to the child.
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Introduction
In Arizona, a relative or other adult petitions the Superior Court for appointment as guardian of a minor under A.R.S. Title 14, Chapter 5, Article 2. This guardianship covers only the child's person; managing the child's money or property is a separate conservatorship case under A.R.S. section 14-5401. Arizona has no statewide petition form: Maricopa County uses its own numbered JG packet and Pima County uses a differently numbered G/C packet for the identical petition, and the county's form controls. A temporary guardian may be appointed, capped at six months unless the court finds a longer temporary appointment serves the child's best interest. The court may appoint a guardian only if it is in the child's best interest and either each living parent consents, a court already ended the parent-child legal relationship in a separate case, or the child is at least sixteen, is not the subject of an open Title 8 dependency case, and has no parent willing or able to serve. A minor at least fourteen must be given notice, and notice to a parent generally goes out at least fourteen days before the hearing. A fingerprint background check applies only when the proposed guardian is not related to the child, and a bond is required only if the guardian will hold the child's funds or property. Guardianship does not terminate parental rights and is not adoption; a parent may later ask the court to end it. A parent may instead sign a delegation of parental powers by power of attorney for up to six months without going to court. Attorney review is available before you file.
Key Things to Know
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Arizona guardianship of a minor is filed in Superior Court under A.R.S. Title 14, Chapter 5, Article 2. There is no single statewide petition form: Maricopa County's Juvenile Division uses its own numbered JG packet (for example, the JG12f petition), while Pima County's Probate Court uses a differently numbered G/C packet (G/C-5) for the identical petition, and the county's form controls.
- 2
The court may appoint a guardian only if appointment is in the minor's best interest and one of three conditions holds: each living parent consents after being fully informed, a court already ended the parent-child legal relationship for each living parent in a separate proceeding, or the minor is at least sixteen, is not the subject of an open Title 8 dependency case, and no parent is willing or able to exercise a guardian's powers (A.R.S. section 14-5204(A)).
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A temporary guardian's authority may not last longer than six months, though the court may allow a longer temporary appointment if it determines that doing so is in the minor's best interest. In Maricopa County, a temporary appointment is requested on the same JG12f petition by checking its 'Temporary Appointment only (6 months or less)' box (A.R.S. section 14-5207(E)).
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Notice must go to a minor who is at least fourteen, to the person who has had the minor's principal care and custody during the preceding sixty days, and to any living parent unless a due-diligence search cannot locate the parent and the minor is at least sixteen and not the subject of an open dependency case. Notice generally goes out at least fourteen days before the hearing (A.R.S. sections 14-5207(A), 14-1401(A)).
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No statute requires a minor's affirmative consent to the guardianship at any age. Turning fourteen instead triggers a right to notice, a right to block a parent's testamentary guardian nomination by written objection, and a right to nominate a guardian, which the court will appoint unless it finds that contrary to the minor's best interest (A.R.S. sections 14-5203, 14-5206(A), 14-5207(A)).
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A fingerprint-based criminal background check, submitted to the Arizona Department of Public Safety for an FBI exchange at the applicant's cost, is mandatory only when the proposed guardian is not related to the minor. Every proposed guardian, related or not, must also file a sworn disclosure of prior felony convictions and other guardian or conservator appointments (A.R.S. sections 14-5206(B), 14-5106).
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Guardianship does not terminate a parent's parental rights; the parent's decision-making authority is suspended while the guardianship is in effect, and a parent may petition the court to end the guardianship on the minor's best-interest standard. A parent may instead delegate care, custody, or property powers to another adult by a power of attorney for a period not exceeding six months, without going to court (A.R.S. sections 14-5210, 14-5212, 14-5104).
Key decisions before you file
Before you file a Guardianship of a Minor Petition in Arizona, a few decisions shape the document: which option to choose and what each one means. The Guardianship of a Minor Petition guide walks through them.
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Arizona Requirements for Guardianship of a Minor Petition
County Sets the Form Number, Not the State
Arizona has no statewide numbered petition form. Maricopa County's Juvenile Division uses its own JG-numbered packet (including the JG12f petition), and Pima County's Probate Court uses a differently numbered G/C packet (including G/C-5) for the identical Title 14 petition, and the county's form controls.
Guardianship of the Person Only
This petition covers guardianship of the minor's person. Managing the minor's money or property is a separate conservatorship proceeding under A.R.S. section 14-5401, not part of this petition.
Parental Consent Gates Appointment
The court may appoint a guardian only if appointment is in the minor's best interest and each living parent consents, a court already ended the parent-child legal relationship for each living parent in a separate proceeding, or the minor is at least sixteen with no parent willing or able to serve and no open Title 8 dependency case (A.R.S. section 14-5204(A)).
Six-Month Cap on Temporary Guardianship
A temporary guardian's authority may not last longer than six months, unless the court determines a longer temporary appointment is in the minor's best interest (A.R.S. section 14-5207(E)).
Fourteen-Day Notice Before Hearing
Notice to a parent or other interested person generally must be mailed or delivered at least fourteen days before the hearing, or published at least three times with the first publication at least fourteen days before the hearing (A.R.S. section 14-1401).
Fingerprint Background Check for Unrelated Guardians
A proposed guardian who is not related to the minor must submit a full set of fingerprints for a criminal background investigation through the Arizona Department of Public Safety, at the applicant's cost (A.R.S. section 14-5206(B)).
Bond Only if the Guardian Holds the Minor's Property
Bond is not automatic for a guardian of the person alone. It is required only if the guardian comes into possession or control of the minor's funds or property and the court requires it; the court may reduce or eliminate it for good cause, and institutional fiduciaries are exempt (A.R.S. sections 14-5105, 14-5411).
Six-Month Parental Power-of-Attorney Alternative
A parent may delegate care, custody, or property powers over the minor to another adult by a power of attorney for a period not exceeding six months, without filing anything in court (A.R.S. section 14-5104).