Guardianships & Conservatorships

John R. Fitzpatrick, his colleagues and staff are experienced in assisting clients with the administration of guardianships and conservatorships and in handling related disputes.  In Arizona, A guardian is appointed by the Court to take care of a incapacitated adult or minor child (called a “ward”), make health care, education, and certain legal decisions on the person’s behalf.  A conservator is a person appointed to handle the estate and affairs of someone incapable of handling such affairs and finances (called a “protected person”).  A conservator, for example, may sue and be sued on behalf of the protected person.

Administration

If a person has become incapacitated and can no longer take care of himself or herself, or if a minor child’s parents have died or become incapacitated, it may be necessary to initiate a Court proceeding to appoint a conservator, guardian or both.  Mr. Fitzpatrick can help you handle the appointment process and the detail-oriented work that follows.

Disputes

Disputes in guardianship and conservatorship situations can relate to just about anything.  Since the appointment of a guardian or conservator revokes at least some degree the liberty of the ward or protected person, disputes can relate to the need for the appointment or the reservation of certain rights and liberties.  Sometimes, the ward or a family member is unhappy about who is seeking appointment, and why they are doing so.  Sometimes, the guardian’s decisions regarding medical care and treatment, visitation and placement become an issue.  In conservatorship cases, disputes often relate to questions about the use of the protected person’s finances both before and after the conservator’s appointment.  For more information about pre-appointment misuse of a vulnerable adults funds, please see our financial exploitation page.

Mr. Fitzpatrick is skilled at handling all types of conservatorship and guardianship disputes, whether simple or complex.  In even the most contentious disputes, he seeks to employ constructive ways to find an amicable resolution, helping to ensure that the family can maintain strong and positive relationships.  At the same time, where litigation proves necessary, Mr. Fitzpatrick will not hesitate to aggressively advocate in Court on behalf of his clients.

Seek Experienced Legal Representation

If you have been appointed as a guardian or conservator, or if you have a loved one who needs the assistance of a guardian or conservator, it is important to have an experienced attorney.  It is important to find counsel who understands Arizona’s laws, is adept at handling the necessary Court proceedings.  To discuss your case with an experienced attorney, contact us today or call us at 602-277-2010.