Trusting that guardianship is the best course for a minor is as much an emotional and mental journey as a legal procedure. You may be met with apprehension about the responsibility and concern about the legal process. However, it's important to remember that the legal steps can be uncomplicated and transparent when navigated with the assistance of an experienced attorney.
If you need legal support to obtain guardianship for a child, please contact our law firm today. Attorney Peter Williams has been instrumental in aiding clients to resolve their familial concerns effectively for over 23 years. No matter the intricacy of your situation, he stands prepared to understand your unique circumstances and offer you carefully considered counsel. Call and schedule a consultation to help us learn more about your needs.
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By the time I retained Mr. Williams the case had already gone to trial, and I thought I had lost. He was successful at having the fees reduced by approximately $180,000!
I contacted Peter Williams the week discovery was due and three weeks before the trial. Within days he negotiated an agreement to participate in a settlement conference and to vacate the current dates for discovery and trial. Highly recommend this attorney if you are going anywhere near a courtroom.
I spoke with Peter Williams and he was very helpful in his guidance and advice. His consultation was nearly 30 minutes and was gracious, understanding, and empathetic. Good listener, gave me time to explain my entire situation before he commented. Great guy, I would recommend him to anyone looking for an attorney who has experience and still cares about practicing law and justice vs. strictly making money.
Legally, a child's biological or adoptive parents usually have the authority to decide their minor children's legal, medical, practical, and financial affairs. However, certain circumstances, such as the passing of a parent or the termination of parental rights, may require the child to be appointed a guardian. Typically, a child's parents must either be deceased, be declared unfit, or voluntarily relinquish their parental rights before a guardian who is not a parent can be appointed. There are exceptions for temporary guardianship situations where a parent is temporarily unable to care for a child or make sound decisions on the child's behalf.
The process for children's guardianship often varies from that for elderly adults, incapacitated adults, and adults with impaired judgment. Thus, consulting with a legal professional is crucial if you have questions about establishing or accepting guardianship of a child before deciding on a course of action.
A testamentary appointment of a minor refers to a scenario where a guardian for a minor is designated in a last will and testament. In Arizona, parents can legally select a guardian for their unmarried minor through their will. This choice becomes official once the appointed guardian files their acceptance with the court where the will is being verified.
When a minor's parent is declared unable to care for them, the court can assign the guardian previously chosen by the parent in their will.
How Does Guardianship for a Minor Work in Arizona?
The court thoroughly assesses each candidate who is applying to be a guardian of a minor. The primary criterion is that the appointment should benefit the child's best interests.
Initially, the candidate must ensure no other parental rights are active or "suspended due to certain circumstances." Establishing a guardian doesn't override the parents' legal rights or influence the child's right to inheritance or the parent's duty to support the child financially. If the child's parents have any legal rights, the process of guardianship will be put on hold until these rights are either suspended or terminated. The court needs to finalize this before moving ahead with a guardianship petition.
For children 14 years or older, the court can consider their preference for a guardian. However, the court retains the right to reject any nomination, including that of the minor, if it believes it's not in the child's best interest. If the nominated guardian isn't related to the child, they must provide their fingerprints and consent to both local and federal criminal background checks, which they agree to cover.
