Guardianship (Protective Proceedings)

Guardianships Attorney Serving Chandler & Phoenix

The goal of a guardianship is to make sure that your loved one is being taken care of in regards to their healthcare decisions and personal needs. (This does not include finances) A guardianship can be a stressful and taxing situation to go through with your loved one and others. Our legal team is available to help you navigate this process and get the best end result possible.

If you need help with a guardianship for a loved one, then our legal team is ready to help. When working with our law firm, you will have an experienced legal team who have over 80+ years of combined probate and estate planning experience. Our team takes pride in taking the stress off of your shoulders and putting it on ours. We offer free consultations to help you determine what your next steps need to be.

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What Is The Responsibility Of A Guardian?

If you are seeking an appointment as a guardian, you will be required to complete an affidavit which the court may require you to furnish a full set of fingerprints to enable the court to conduct a criminal background investigation and you will have to pay the cost for this. By accepting the appointment as guardian, you are consenting personally to the jurisdiction of the court in any proceeding relating to the guardianship.

Generally, a guardian has the same powers, rights, and duties with respect to the ward that a parent has with respect to an unemancipated minor child. A guardian makes personal decisions for the ward with regard to living arrangements, education, and social activities. A guardian is responsible for making arrangements for the ward’s medical or other professional care, counseling, and mental health treatment outside of a locked psychiatric or mental health facility. Under certain circumstances, a guardian can obtain authority to arrange for mental health treatment care and authority within a locked setting. A guardian must take reasonable care of the ward’s belongings and commence protective proceedings if the ward has property which is in need of protection.

The Estate Administration Process
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1. Initial Meeting

We offer a free 20-minute initial phone consultation to obtain pertinent facts about your case and determine if it is a matter we can assist with. When preparing for an initial phone consultation regarding estate administration, it's helpful to have all the necessary information ready. This includes your relationship to the deceased, the names of any living and deceased relatives, and a copy of the will, if one exists.

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2. Opening Probate

Based on the information you give us, we will determine how best to proceed with your case. If the facts of your case necessitate the filing of a petition or an application with the probate court, and you engage our firm, we will prepare and file that document on your behalf. If the Estate can be administered without the filing of a petition, we will prepare and file the necessary documentation with the court.

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3. Appointment of Personal Representative

After we file the petition, or an application, the Court will determine whether it is appropriate to appoint you (or the person you nominate) as the Personal Representative. If the requested appointment is made, we will move forward to guide the Personal Representative through the steps necessary to administer the Estate.

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4. Legal Notice

With your assistance, we will compile a list of all interested parties, including the Decedent’s heirs and creditors, and provide notice as required by law.

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5. Inventorying Assets

We will provide guidance to help the Personal Representative identify and inventory all assets of the estate. This includes real estate, bank accounts, investments, personal property, and any other assets owned by the Decedent.

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6. Paying Debts and Taxes

After legal notice has been perfected and the Estate assets have been inventoried, we will help you allocate estate funds toward any outstanding debts of the Decedent, including expenses of administration, statutory allowances, funeral expenses, medical bills, creditors, and any taxes owed.

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7. Distributing Assets to Beneficiaries

After expenses of administration, debts and taxes are paid, the remaining assets of the estate can be distributed to the beneficiaries according to the Decedent's will or Arizona’s intestacy laws if there is no will. If there are disagreements among beneficiaries and heirs, we will work with the Personal Representative to resolve those agreements, if possible.

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8. Closing Probate

After all steps of the administration have been completed, we will file documentation to close the case. This typically involves filing documents confirming all necessary steps of administration have been completed, and providing notice to appropriate parties that the estate has been closed.

Legal Disclaimer:

The information provided on this website is for general informational purposes only and is not intended to be legal advice. While we strive to ensure the accuracy and relevance of the content, it should not be relied upon as a substitute for professional legal advice. Each legal matter is unique, and the specific facts of any particular case will impact the overall legal procedure and the advice required. Therefore, we recommend that you consult with a qualified legal professional to obtain advice tailored to your individual circumstances.

Differences Between Guardianships & Conservatorships

Guardianships and Conservatorships are similar, but control different aspects of a person’s life. Guardianships focus more on the person’s healthcare and personal needs. Conservatorships focus solely on the assets and finances of the individual in discussion. 

Guardianships and Conservatorships are so closely related that there are times where a person may need both a guardian and a conservator at the same time. The Guardian and Conservator can even be the same person. It is important to understand that there is not a one size fits all solution when approaching a conservatorship or a guardianship. Each individual's situation needs to be evaluated by experienced attorneys to make sure all bases are covered and the best game plan can be put in place.

Nothing but calming, compassionate, informative, and helpful through the probate process. We are now updating our estate plan and continue to receive their attentiveness and professionalism.
Terry Dobbs
Golden Rule gave us excellent service for an excellent price. Mr. Decker and Justin were knowledgeable and friendly and I'm very glad we went to them.
James Harpole
These lawyers live by the motto of their firm. Their kindness and generosity of spirit gives lawyers the good name that all should strive for.
Tanner Tanner
Attorneys Woods & Decker were professional and compassionate. We were grateful for their quick response and ability to meet with us on short notice. They listened carefully and provided us with sound counsel. We highly recommend their services!
Don Priem
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Contact An Experienced Guardianship Attorney

At the Golden Rule Law Group®, our team is dedicated to helping and representing you. You will have an experienced legal team who have over 80+ years of combined probate and estate planning experience. Our team takes pride in taking the stress off of your shoulders and putting it on ours.

Our firm primarily serves the areas of Chandler, Gilbert, Phoenix and other areas around Maricopa County. If you are in need of an experienced probate attorney in Arizona, please contact us today to schedule your free case evaluation.

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Legal Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. The Golden Rule Law Group® · Decker & Woods, PC's legal team is licensed to practice law in Arizona. We invite you to contact us, but please be aware that contacting us does not establish an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.

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601 N Alma School Rd, Chandler, AZ 85224
Phone:
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