How Can Guardianship Be Established in Arizona to Take Someone Off Life Support?

Full question:

HOW TO GET LEGAL GUARDIANSHIP ADULT BROTHER THAT IS INCAPASATED. SO WE ARE ABLE TO REMOVE ARTIFICAL LIFE SUPPORT. AND LOW RATES

• Category: Guardianship
• Date: 04/07/2025
• State: Arizona

Answer:

Please see the information at the following link:

http://www.coconino.az.gov/lawlibrary.aspx?id=2138

If you are not in Coconino county, you can use the website for the superior court for your county. They will all most likely have a similar selection of forms. If you wish to hire an attorney, we suggest comparing the rates of several attorneys. Many offer a free initial consultation.

Please see the following AZ statutes:

14-5302. Venue

The venue for guardianship proceedings for an incapacitated person is in
the county where the incapacitated person resides or is present. If the
incapacitated person is admitted to an institution pursuant to order of a
court of competent jurisdiction, venue is also in the county in which that
court sits.

14-5303. Procedure for court appointment of a guardian of an alleged
incapacitated person

A. The alleged incapacitated person or any person interested in that
person's affairs or welfare may petition for the appointment of a guardian
or for any other appropriate protective order.

B. The petition shall contain a statement that the authority granted to
the guardian may include the authority to withhold or withdraw life
sustaining treatment, including artificial food and fluid, and shall state,
to the extent known:

1. The interest of the petitioner.

2. The name, age, residence and address of the alleged incapacitated
person.

3. The name, address and priority for appointment of the person whose
appointment is sought.

4. The name and address of the conservator, if any, of the alleged
incapacitated person.

5. The name and address of the nearest relative of the alleged
incapacitated person known to the petitioner.

6. A general statement of the property of the alleged incapacitated
person, with an estimate of its value and including any compensation,
insurance, pension or allowance to which the person is entitled.

7. The reason why appointment of a guardian or any other protective order
is necessary.

8. The type of guardianship requested. If a general guardianship is
requested, the petition must state that other alternatives have been
explored and why a limited guardianship is not appropriate. If a limited
guardianship is requested, the petition also must state what specific
powers are requested.

C. On the filing of a petition, the court shall set a hearing date on the
issues of incapacity. Unless the alleged incapacitated person is
represented by independent counsel, the court shall appoint an attorney to
represent that person in the proceeding. The alleged incapacitated person
shall be interviewed by an investigator appointed by the court and shall be
examined by a physician, psychologist or registered nurse appointed by the
court. The investigator and the person conducting the examination shall
submit their reports in writing to the court. In addition to information
required under subsection D, the court may direct that either report
include other information the court deems appropriate. The investigator
also shall interview the person seeking appointment as guardian, visit the
present place of abode of the alleged incapacitated person and the place
where it is proposed that the person will be detained or reside if the
requested appointment is made and submit a report in writing to the court.
The alleged incapacitated person is entitled to be present at the hearing
and to see or hear all evidence bearing on that person's condition. The
alleged incapacitated person is entitled to be represented by counsel, to
present evidence, to cross-examine witnesses, including the court-appointed
examiner and investigator, and to trial by jury. The court may determine
the issue at a closed hearing if the alleged incapacitated person or that
person's counsel so requests.

D. A report filed pursuant to this section by a physician, psychologist
or registered nurse acting within that person's scope of practice shall
include the following information:

1. A specific description of the physical, psychiatric or psychological
diagnosis of the person.

2. A comprehensive assessment listing any functional impairments of the
alleged incapacitated person and an explanation of how and to what extent
these functional impairments may prevent that person from receiving or
evaluating information in making decisions or in communicating informed
decisions regarding that person.

3. An analysis of the tasks of daily living the alleged incapacitated
person is capable of performing without direction or with minimal
direction.

4. A list of all medications the alleged incapacitated person is
receiving, the dosage of the medications and a description of the effects
each medication has on the person's behavior to the best of the declarant's
knowledge.

5. A prognosis for improvement in the alleged incapacitated person's
condition and a recommendation for the most appropriate rehabilitation plan
or care plan.

6. Other information the physician, psychologist or registered nurse
deems appropriate.

14-5304. Findings; order of appointment; limitations; filing

A. In exercising its appointment authority pursuant to this chapter, the
court shall encourage the development of maximum self-reliance and
independence of the incapacitated person.

B. The court may appoint a general or limited guardian as requested if it
is satisfied by clear and convincing evidence that:

1. The person for whom a guardian is sought is incapacitated.

2. The appointment is necessary to provide for the demonstrated needs of
the incapacitated person.

3. The person's needs cannot be met by less restrictive means, including
the use of appropriate technological assistance.

C. In conformity with the evidence regarding the extent of the ward's
incapacity, the court may appoint a limited guardian and specify time
limits on the guardianship and limitations on the guardian's powers.

D. The guardian shall file an acceptance of appointment with the
appointing court.