Guardianship and Your Teenager with Disabilities: Timing the Transition in Arizona 

The journey towards guardianship for a teenager with disabilities in Arizona should ideally begin well before they reach the age of majority, which is 18. This preparatory period allows families to understand the legal implications and responsibilities that come with guardianship. Starting early provides the necessary buffer to navigate the complex process, which includes court appointments, evaluations, and detailed paperwork.

Guardianship is a legal status that enables a person, typically a parent or family member, to make decisions on behalf of a teenager who is not able to do so independently. The process in Arizona involves a court hearing and the presentation of evidence to support the claim that guardianship is in the best interest of the teenager. Families should consult with an attorney specializing in special needs to determine the right time to initiate this process, which can be as early as six months before the child turns 18.

Understanding the teenager’s disability and its impact on their ability to make informed decisions is a critical aspect of planning for guardianship. The family must assess whether their teenager will be able to manage their personal and financial affairs upon reaching legal adulthood. If the answer is uncertain, families should consider starting the guardianship process to ensure there’s no gap in the decision-making authority once the child becomes an adult.

In addition to legal considerations, pursuing guardianship has emotional and psychological dimensions that families must address. The process may involve conversations with the teenager about their needs and the family's desire to support them. These discussions should be approached with sensitivity and respect for the teenager's autonomy and preferences.

Ultimately, the decision to pursue guardianship is a personal one, with the teenager’s best interests at the core. In Arizona, as in many places, the timing of this decision is essential to ensure that the transition into adulthood is as smooth and supported as possible. By planning ahead, families can ensure that they are prepared to provide the necessary guidance and protection for their teenager when they turn 18.

Arizona Statute provides as follows: 

14-5301.03. Judicial appointment of guardian; special provision for incapacitated minors approaching adulthood

A. A party that is interested in the welfare of a minor who is at least seventeen years six months of age and who is alleged to be incapacitated may initiate guardianship proceedings pursuant to this article and request that any guardianship order take effect immediately on the minor's eighteenth birthday.

B. The petitioner may provide with the petition a report of an evaluation of the minor by a physician, psychologist or registered nurse that meets the requirements of section 14-5303, subsection D.  If the evaluation was conducted within six months after the date the petition is filed with the court, the petitioner may ask in the petition that the court accept this report in lieu of ordering any additional evaluation pursuant to section 14-5303, subsection C, and the court may grant the request.

Emily R. Taylor is an attorney licensed by the State Bar of Arizona.  Emily Taylor practices in the areas of Special Needs Planning, Guardianships (and its alternatives), Estate Planning, and Special Needs Trusts.  The office of Emily R. Taylor, Attorney PLLC is located in Phoenix, Arizona.  Emily Taylor is available to consult on legal matters throughout the state of Arizona.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.  This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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