Guardianship for an Aging Parent in Arizona: What to Do When Mom or Dad Can’t Decide Anymore

If your parent has dementia, has had a stroke, or faces a hospital discharge and can no longer make safe decisions, the first question is whether they signed a durable power of attorney and a health care power of attorney. If they did, guardianship may not be needed. If they didn’t and can no longer sign one, an Arizona court can appoint a guardian for personal and medical decisions and a conservator for money, and it can act fast in an emergency. Available 24/7 • Free confidential consultations • (480) 725-2257

Start here: does your parent already have a power of attorney?

Two documents matter most:

• A durable financial power of attorney. Under A.R.S. 14-5501, a power of attorney is “durable” when it says it keeps working after the person becomes disabled or incapacitated. It must be signed, witnessed by someone other than the agent (not the agent’s spouse or child, or the notary), and notarized. See our guide to the Arizona durable power of attorney.
• A health care power of attorney. This names someone to make medical decisions. See our Arizona health care power of attorney guide.

When both documents exist and the named agents are willing to act, many families never go to court.

A power of attorney may not be enough when:

• The agent is the problem. If the agent is misusing money, a court may need to step in. A court-appointed conservator can revoke or amend a durable power of attorney under A.R.S. 14-5503.
• Only one document exists. A health care power of attorney doesn’t reach bank accounts, and a financial one doesn’t cover medical decisions.
• Your parent refuses needed care, such as leaving an unsafe home.

If there is no power of attorney and your parent can’t sign one now

Arizona law says a power of attorney signed by an adult who lacks capacity is invalid (A.R.S. 14-5506). Capacity here means the person could reasonably understand what the document is and what it does when they sign it. A parent in the early stages of memory loss may still have it. Once it’s gone, a new power of attorney is off the table.

Medical decisions and money are handled differently when there are no documents:

• Medical decisions can often go through a surrogate. Under A.R.S. 36-3231, when there is no health care directive, no health care agent and no guardian, the health care provider looks to family in this order: a spouse (unless legally separated), an adult child (if there are several, the provider seeks consent from a majority of those reasonably available), a parent, a domestic partner, a sibling, then a close friend. A surrogate who isn’t a guardian or agent generally can’t admit the patient to an inpatient psychiatric facility, except in a short emergency.
• Money has no automatic surrogate. Being family doesn’t give you authority over a parent’s accounts. The usual route is a conservatorship or another protective order under A.R.S. 14-5401.

Guardian vs. conservator for a parent

Arizona splits decision-making into two roles. One person can hold both, or the court can appoint two different people. Our guardianship vs. conservatorship page goes deeper.

A guardian must look for the “most appropriate and least restrictive setting” and consider your parent’s values and wishes. If there’s also a conservator, the guardian decides on care and the conservator pays for it.

How the court process works in Maricopa County

Our how to become a guardian page covers the petition steps in detail. The short version:

1. Petition. You file a petition with the Superior Court. Under A.R.S. 14-5303 it must explain why a guardian is needed. A request for a general (full) guardianship must say that alternatives were explored and why a limited guardianship won’t work.
2. An attorney for your parent. Unless your parent already has their own lawyer, the court appoints one to represent them.
3. A medical evaluation. A court-appointed physician, psychologist or registered nurse examines your parent and files a report on the diagnosis, how it affects decision-making, current medications and the outlook.
4. A court investigator. The investigator interviews your parent and the proposed guardian, visits where your parent lives now and where they would live, and files a written report.
5. Notice. Your parent must be personally served, and the spouse, adult children and certain others get notice at least 14 days before the hearing (A.R.S. 14-5309).
6. Hearing. Your parent has the right to attend, present evidence, question witnesses, and ask for a jury trial. Maricopa County’s adult guardianship instructions explain how to request a hearing date. A regular guardianship case usually takes weeks to a few months from filing to a signed order, so it is not a fast fix.
7. Training. Family guardians must complete the Arizona Supreme Court’s non-licensed fiduciary training (online videos and PDFs) before letters of appointment are issued.
8. Annual reports. Each year the guardian reports where your parent lives, how often the guardian visited, the doctor’s observations and whether the guardianship should continue.

Emergency or temporary guardianship when it can’t wait

Some situations can’t wait that long: a hospital discharge with no one authorized to choose a facility, a parent who is wandering or being harmed, or money leaving the accounts right now. A.R.S. 14-5310 covers these cases.

• When it applies. An interested person can ask when there is no guardian and an emergency exists, or when a current guardian isn’t doing the job.
• Without advance notice. The court can act before your parent is heard only if specific facts show “immediate and irreparable injury, loss or damage” would happen first. Your parent must be personally served no more than 72 hours after the order. A report from a physician, nurse practitioner or psychologist is required unless the court waives it for good cause.
• How long it lasts. An order made without notice expires within the time the court sets, and no more than 30 days unless extended for good cause or with consent of your parent’s attorney. After notice and a hearing, a temporary guardian can be appointed for a specific purpose for up to six months, unless extended for good cause.

Maricopa County’s temporary guardianship and conservatorship instructions ask for the latest doctor’s report with the petition. If there’s no report, the doctor must be available to testify by phone. Under the county’s guardianship instructions, a temporary guardian has 30 days to finish the training. The same packet covers temporary conservators when money is at risk.

Who has priority to serve as guardian

Under A.R.S. 14-5311, the court may consider people in this order:

1. A guardian or conservator already appointed where your parent lives
2. Someone your parent nominates, if they have enough capacity to choose
3. The person your parent nominated as guardian in their most recent durable or health care power of attorney
4. Your parent’s spouse
5. An adult child
6. A parent of the incapacitated person
7. A relative who lived with your parent for more than six months before the petition
8. The nominee of someone who cares for or pays benefits to your parent
9. For veterans, the Arizona Department of Veterans’ Services
10. A licensed private fiduciary, then a licensed public fiduciary

The court can pass over someone higher on the list for good cause. If your father has a spouse, or your mother nominated your brother as guardian in her power of attorney, they come before you unless the court finds a reason not to appoint them.

If you suspect someone is taking your parent’s money

Exploitation by a caregiver, new partner, scammer or relative is one reason families end up in court. Arizona has several tools:

• Report it to Adult Protective Services. Arizona APS, part of the Department of Economic Security, takes reports by phone at 1-877-SOS-ADULT (1-877-767-2385), Monday through Friday 7 a.m. to 7 p.m. and weekends and state holidays 10 a.m. to 6 p.m., or through the online form linked from the DES Adult Protective Services page, which is open 24 hours a day. For life-threatening emergencies, call 911.
• The law on people in a position of trust. Under A.R.S. 46-456, anyone in a position of trust with a vulnerable adult must use that adult’s assets only for the adult’s benefit. A court can award actual damages plus up to twice that amount more, and can cut the person out of an inheritance.
• A conservator can take control. A conservator manages the accounts and can revoke a power of attorney that’s being abused. A temporary conservator can be appointed when money is disappearing.

Less restrictive options the court will ask about

Arizona courts can only appoint a guardian when your parent’s needs can’t be met by less restrictive means, including technology (A.R.S. 14-5304). Options include powers of attorney (if your parent can still sign), the surrogate rules above, a limited guardianship, and court-approved single transactions under A.R.S. 14-5409, such as a house sale without a full conservatorship. Our alternatives to guardianship guide covers these in detail.

When families bring in an attorney

Some families file uncontested cases using the court’s self-help forms. The cases where families most often bring in an attorney are the contested ones:

• Siblings disagree about where Mom should live, who should be in charge, or whether she needs a guardian at all.
• A new spouse or partner is involved and has priority, controls access to your parent, or is changing documents.
• Money is already missing and someone has to recover it or stop it.
• It’s an emergency, such as a hospital discharge or an ex parte petition.

If your parent may need nursing home care, see our Arizona elder law and ALTCS overview.

Frequently asked questions

Can I get guardianship of my parent if they have dementia?

A diagnosis alone isn’t enough. The court must find, by clear and convincing evidence, that your parent can’t make or communicate responsible decisions and that less restrictive options won’t work.

Can my parent still sign a power of attorney after a dementia diagnosis?

Possibly. The question is whether your parent could reasonably understand the nature and effect of the document when signing. A document signed without capacity is invalid.

How long does a temporary guardianship last in Arizona?

An order made without notice lasts no more than 30 days unless extended. After notice and a hearing, a temporary guardianship can last up to six months for a specific purpose, unless extended for good cause.

Do I need a guardianship for the hospital to talk to me?

Not always. With no health care power of attorney or guardian, Arizona’s surrogate law lets providers turn to a spouse, then adult children (a majority of those reasonably available), then other relatives.

Which sibling becomes the guardian?

The court decides. A person your parent nominated as guardian in a power of attorney, and a spouse, come ahead of adult children, and the court can pass over anyone for good cause.

Does a guardian control my parent’s money?

Not by itself. Money and property are handled by a conservator. One person can be appointed as both, or the court can name different people.

Related guides

• Arizona guardianship and conservatorship overview
• How to become a guardian in Arizona
• Guardianship vs. conservatorship
• Alternatives to guardianship
• Arizona durable power of attorney
• ALTCS eligibility in Arizona

Disclaimer: Arizona Estate & Family Law Resource Center is an independent legal referral service, not a law firm. We do not provide legal advice and do not employ attorneys. No attorney-client relationship is created by contacting us or submitting a request through this website. All attorneys in our referral network are independent licensed professionals. Verify attorney credentials through the State Bar of Arizona.