Guardianships in Phoenix are proceedings to appoint someone to take care of a protected person, generally defined as someone who, for a variety of reasons, may not be able to handle their own care themselves. This involves the care and placement of the protected person.
A Conservatorship, on the other hand, is a court proceeding to appoint someone to take care of the assets and income of a protected person. A court-appointed Conservator is in charge of the assets, resources, and income and is in charge of paying bills and other necessary expenses, and must usually account to the Court on a regular basis with a very detailed accounting of how the protected person's resources are being used.
There may be times when the same person is appointed as both Guardian and Conservator. An individual may designate a person to serve in those roles in their estate planning documents. Powers of Attorney in Phoenix can reduce the risk of having to file for Guardianship. If there is no appointment, the Court will appoint someone based upon a schedule of priority and based upon the best interests of the protected person.
Keep in mind that if you have a properly prepared and worded durable power of attorney for financial matters and a health care representative appointment with appropriate powers included, you can largely eliminate the need for either a guardianship or a conservatorship. There is no comparison between the cost of a guardianship or conservatorship and the cost of a power of attorney for financial matters and one for health care.
There unfortunately are many cases where powers of attorney do not exist and it becomes necessary to ask the Court to appoint someone to handle the protected person's finances and person. If that is the situation you find yourself faced with, contact me to discuss how to get someone appointed to handle these matters.