Arizona Laws 36-564. Guardianship
A. Guardians for clients acting under the provisions of this chapter shall be appointed pursuant to Title 14, Chapter 5, articles 1, 2, 3 and 6.
Terms Used In Arizona Laws 36-564
- Adult: means a person who has attained eighteen years of age. See Arizona Laws 1-215
- Client: means a person receiving developmental disabilities services from the department. See Arizona Laws 36-551
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Department: means the department of economic security. See Arizona Laws 36-551
- Fiduciary: A trustee, executor, or administrator.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means the person who, under court order, is appointed to fulfill the powers and duties prescribed in section 14-5312. See Arizona Laws 36-551
- Minor: means a person under eighteen years of age. See Arizona Laws 1-215
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
B. The department shall request the appointment of a guardian for minor clients receiving services under the provisions of this chapter if no parent is willing and competent to act, and shall request the appointment of a guardian for adult clients receiving services under the provisions of this chapter if it appears that the appointment of a guardian would be in the client‘s best interests in accordance with section 14-5304.
C. When no person or corporation is qualified and willing to act as guardian for a client, the department shall notify the public fiduciary of the county where the client is receiving services of the need for appointment of a guardian.
D. Guardianship or conservatorship for persons with developmental disabilities shall be utilized only as is necessary to promote the well-being of the individual, be designed to encourage the development of maximum self-reliance and independence in the individual, and shall be ordered only to the extent necessitated by the individual’s actual mental, physical and adaptive limitations.