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Adult Guardianship in Arizona

Reviewed by DocDraft Legal Team - Arizona - Last updated October 9, 2026

In Arizona the superior court, probate division, appoints a guardian of the person for an adult the statute calls an "incapacitated person" and, on a separate petition, a conservator of the estate for a "protected person" (A.R.S. Title 14, Chapter 5, Articles 3 and 4). A guardian may be appointed only if the court finds by clear and convincing evidence that the person is incapacitated, that the appointment is necessary to provide for the person's demonstrated needs, and that those needs cannot be met by less restrictive means (A.R.S. 14-5304(B)). The person must be interviewed by a court-appointed investigator and examined by a court-appointed physician, psychologist or registered nurse (A.R.S. 14-5303(C)). The court appoints an attorney for the person unless independent counsel already represents them (A.R.S. 14-5303(C)), and notice is served personally at least 14 days before the hearing (A.R.S. 14-5309(B)).

Find out where you stand in Arizona

What is happening with the adult you are concerned about?

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How does a court decide an adult needs a guardian in Arizona?

Clear and convincing evidence must show incapacity, that appointment is necessary for the person's demonstrated needs, and that needs cannot be met by less restrictive means (A.R.S. 14-5304(B)). Incapacitated means impaired by a listed cause, such as mental illness or disability, to the extent of lacking sufficient understanding or capacity to make or communicate responsible decisions concerning the person (14-5101(3)).

Which court and which form start an adult guardianship in Arizona?

The petition goes to the superior court in the county, probate division, and the alleged incapacitated person or any person interested in that person's affairs or welfare may file it (A.R.S. 14-5303(A)). Maricopa County, for example, publishes instruction packet PBGCA10p and petition PBGCA11f. Ask the clerk which forms apply, because the court's own requirements control.

Does Arizona require a doctor's report for an adult guardianship?

A court-appointed examination is required, but not necessarily by a doctor. The alleged incapacitated person must be interviewed by an investigator appointed by the court and examined by a physician, psychologist or registered nurse appointed by the court (A.R.S. 14-5303(C)). The examiner's written report must describe the diagnosis, functional impairments, daily-living tasks, medications, prognosis and a recommended care plan (14-5303(E)).

What rights does the person have in an Arizona guardianship case?

Notice must be served personally on the person at least 14 days before the hearing (A.R.S. 14-5309(B)). Unless independent counsel already represents the person, the court appoints an attorney. The person may present evidence, cross-examine witnesses, be present at the hearing, and has a right to trial by jury (14-5303(C)-(D)).

Arizona's separate guardian and conservator petitions, court-appointed investigator and examiner, and jury right

Arizona splits the roles. A guardian (of the person) is appointed under A.R.S. Title 14, Chapter 5, Article 3, and a conservator (of the estate) under Article 4, each on its own petition. The adult is the "alleged incapacitated person" and, once appointed, the "ward"; the conservatee is the "protected person." The superior court, probate division, hears the case. A guardian may be appointed, general or limited as requested, only if the court finds by clear and convincing evidence that the person is incapacitated and that the appointment is necessary to provide for the person's demonstrated needs (14-5304(B)). The person must be interviewed by a court-appointed investigator with a background in law, nursing or social work and no personal interest in the proceedings, and examined by a court-appointed physician, psychologist or registered nurse (14-5303(C); 14-5308(A)). Unless independent counsel already represents the person, the court appoints an attorney. The person is entitled to present evidence, cross-examine witnesses including the examiner and investigator, and have a trial by jury, and the court reads the notice of the jury-trial right into the record at the initial hearing (14-5303(C)-(D)). Notice is served personally at least 14 days before the hearing (14-5309(B)). The court must also find by clear and convincing evidence that the person's needs cannot be met by less restrictive means, including appropriate technological assistance (14-5304(B)(3)).

Relevant Laws

A.R.S. 14-5101 (Definitions: incapacitated person)

Defines an incapacitated person as one impaired by mental illness, mental deficiency, mental disorder, physical illness or disability, chronic use of drugs, chronic intoxication or other cause, except minority, to the extent of lacking sufficient understanding or capacity to make or communicate responsible decisions concerning the person.

A.R.S. 14-5303 and 14-5304 (Petition, examination and findings)

Section 14-5303 covers who may petition, the court-appointed investigator and examiner, counsel, the jury right and the examiner's report. Section 14-5304 requires clear and convincing evidence of incapacity and necessity, and that needs cannot be met by less restrictive means.

A.R.S. 14-5309 and 14-5310 (Notice and temporary guardian)

Section 14-5309 requires personal service at least fourteen days before the hearing. Section 14-5310 governs temporary and emergency guardians, including the thirty-day and six-month limits.

Arizona Judicial Branch Self-Service Center: Probate, Guardianship and Conservatorship

Official self-help page for guardianship and conservatorship. County courts, such as Maricopa County, publish their own instruction packets and forms.

Regional Variances

Arizona adult guardianship requirements

Court

Superior Court of the county, probate division. The alleged incapacitated person or any person interested in that person's affairs or welfare may petition (A.R.S. 14-5303(A)).

Terms used

Guardian (of the person), general or limited as requested, and conservator (of the estate). The adult is the alleged incapacitated person or ward; the conservatee is the protected person. They are separate petitions under Article 3 and Article 4 of A.R.S. Title 14, Chapter 5.

Petition form

Maricopa County, for example, publishes instruction packet PBGCA10p and petition PBGCA11f. Ask the clerk which forms apply, because the court's requirements control.

Incapacity standard and proof

Incapacitated means impaired by mental illness, mental deficiency, mental disorder, physical illness or disability, chronic use of drugs, chronic intoxication or other cause, except minority, to the extent of lacking sufficient understanding or capacity to make or communicate responsible decisions concerning the person (14-5101(3)). A guardian may be appointed only if the court finds by clear and convincing evidence that the person is incapacitated, that the appointment is necessary to provide for the person's demonstrated needs, and that those needs cannot be met by less restrictive means (14-5304(B)).

Medical or evaluator report

The person is interviewed by a court-appointed investigator and examined by a court-appointed physician, psychologist or registered nurse; unless the person is represented by independent counsel, the court also appoints an attorney (14-5303(C), (E); 14-5308). Reports are submitted in writing; ask the clerk about timing.

Notice and service

Served personally on the alleged incapacitated person, and the spouse and parents if they can be found within the state, at least 14 days before the hearing; others under 14-1401. Waiver by the person is ineffective unless the person attends the hearing (14-5309(B)).

Right to counsel

The court appoints an attorney unless the person is represented by independent counsel (14-5303(C)). The person may also present evidence, cross-examine witnesses and have a trial by jury.

Less restrictive alternatives

The court must find by clear and convincing evidence that the person's needs cannot be met by less restrictive means, including appropriate technological assistance (14-5304(B)(3)). A general guardianship petition must state alternatives explored and why a limited guardianship is not appropriate.

Emergency or temporary guardian

Available if the person has no guardian and an emergency exists, or the appointed guardian is not performing and the ward's welfare requires immediate action. Without notice: only on an affidavit showing immediate and irreparable injury, certification of notice efforts, a hearing request, and a physician, nurse practitioner or psychologist report unless waived; not more than 30 days unless extended for good cause for the same period, or longer with the ward's attorney's consent, and the person must be personally served within the time the court sets, no later than 72 hours after the order. After notice and hearing: a specific purpose and period of not more than six months unless extended for good cause (14-5310).

Bond and reports

Conservator: bond with sureties for the estate's capital value plus one year's estimated income, less restricted securities and land, which may be reduced or eliminated for good cause as to regular fixed expenses, with exceptions in 14-5411; inventory within 90 days (14-5418(A)); annual account (14-5419(A)). Guardian: annual written report under supreme court rules (14-5315). Ask the clerk about any guardian bond.

Suggested Compliance Checklist

Weigh less restrictive alternatives

Before filing days after starting

Ask whether a durable power of attorney, a healthcare power of attorney or a limited guardianship would meet the need. The court must find by clear and convincing evidence that the person's needs cannot be met by less restrictive means, and any such power of attorney naming a guardian must be attached to the petition.

Document: durable-power-of-attorney

Choose the petition and get the county forms

Before filing days after starting

Decide whether the case needs a guardian of the person, a conservator of the estate, or both, since they are separate petitions. Get the superior court's forms from the clerk or the county self-help page, such as Maricopa County packet PBGCA10p; the court's requirements control.

File the petition with the superior court

At filing days after starting

File in the superior court of the county, probate division. A general guardianship petition must state the alternatives explored and why a limited guardianship is not appropriate. The court sets the hearing date on filing and appoints an attorney unless independent counsel represents the person.

Serve notice personally

At least 14 days before the hearing days after starting

Serve notice personally on the alleged incapacitated person, and on the spouse and parents if they can be found within the state, at least 14 days before the hearing. The notice must state the right to a jury trial, and the person's waiver is ineffective unless the person attends the hearing.

Calendar inventory and reports

After appointment days after starting

A conservator files an inventory within 90 days after appointment and an annual account. A guardian files an annual written report under supreme court rules; ask the clerk for the due date. Ask the clerk whether a guardian bond applies.

Frequently Asked Questions

Other Arizona guides

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Arizona Notice to Vacate: 2026 Landlord Rules & 5-Day Statute

Asset Protection Planning in Arizona (2026)

Dealing With Debt Collectors in Arizona (2026)

Expunging a Criminal Record in Arizona (2026)

Filing a Workplace Harassment Complaint in Arizona

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