14-5207. Formal appointment of guardian of minor; procedure

416 words·~2 min read·/az/title-14/14-5207

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. Any person who is interested in the welfare of a minor may petition the court for appointment of a guardian. The court shall then set a hearing date. The petitioner shall give notice of the time and place of the hearing in the manner prescribed by section 14-1401 to:

1. A minor who is at least fourteen years of age.

2. The person who has had the principal care and custody of the minor during the sixty days preceding the date of the petition.

3. Any living parent of the minor unless both of the following apply:

(a)After a due diligence search, a living parent cannot be located and served.

(b)The minor is at least sixteen years of age and is not the subject of an open dependency case pursuant to title 8.

B. The notice prescribed by subsection A of this section shall include both:

1. A statement of the right to object to the proposed guardianship appointment.

2. A description of the nature, purpose and consequences of the powers and duties assumed by a guardian.

C. If the petitioner has not served notice on any living parent of the minor, the court shall make a determination whether the petitioner has exercised due diligence to locate a living parent of the minor.

D. On hearing, if the court finds that a qualified person seeks appointment, venue is proper, the required notices have been given, the requirements of section 14-5204 have been met and the welfare and best interests of the minor will be served by the requested appointment, the court shall make the appointment and issue letters on the acceptance of the proposed guardian. In other cases the court may dismiss the proceedings or make any other disposition of the matter that will best serve the interests of the minor.

E. If necessary, the court may appoint a temporary guardian, with the status of an ordinary guardian of a minor, but the authority of a temporary guardian shall not last longer than six months. The court may extend the authority of a temporary guardian if the court determines a longer temporary guardianship appointment is in the best interests of the minor.

F. If, at any time in the proceeding, the court determines that the interests of the minor are or may be inadequately represented, the court may appoint an attorney to represent the minor, giving consideration to the preference of the minor if the minor is at least fourteen years of age.