Order To Guardian And Conservator Of An Adult

Form 4. Order to Guardian and Conservator and Acknowledgement and Information to Interested Persons FOR CLERK'S USE ONLY Name of Person Filing: _______________________________________ Address: _______________________________________ City, State, Zip Code: _______________________________________ Telephone Number: _______________________________________ Attorney Bar Number (if applicable):__________________________________ Licensed Fiduciary Number (if applicable): ____________________________ Representing: Self or Attorney for: ___________________________ IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF MOHAVE In the Matter of the Guardianship of and Conservatorship for _________________________________ Ward's (and Protected Person's) Name, A Minor An Adult Case No. ____________________________ ORDER TO GUARDIAN AND CONSERVATOR AND ACKNOWLEDGEMENT AND INFORMATION TO INTERESTED PERSONS (Assigned to the Honorable __________________________________ Judicial Officer) Warning: This appointment is not effective until the Letters of Appointment have been issued by the Clerk of the Superior Court. The welfare and best interest of the person named above ("your ward" and "protected person") are matters of great concern to this Court. By accepting appointment as guardian and conservator, you have subjected yourself to the power and supervision of the Court. Therefore, to assist you in the performance of your duties, this Order is entered. You are required to be guided by it and comply with its provisions because it relates to your duties as guardian of your ward and conservator of your protected person, as follows: GUARDIAN(S) 1. You have powers and responsibilities similar to those of a parent of a minor child, except that you are not legally obligated to contribute to the support of your ward from your own funds. Unless the Order appointing you provides otherwise, your duties and responsibilities include (but are not limited to) making appropriate arrangements to see that your ward's personal needs (such as food, clothing, and shelter) are met. You are responsible for making decisions concerning your ward's educational, social, and religious activities. If your ward is 14 years of age or older, you must take into account the ward's preferences to the extent they are known to you or can be discovered with a reasonable amount of effort. You are responsible for making decisions concerning your ward's medical needs. Such decisions include (but are not limited to) the decision to place your ward in a nursing home or other health care facility and the employment of doctors, nurses, or other professionals to provide for your ward's health care needs. However, you are to use the least restrictive means and environment available that meets your ward's needs. Page 1 of 6 American LegalNet, Inc. www.FormsWorkFlow.com 2. 3. 4. Effective January 1, 2017 Revised December 6, 2016 Case No.______________________________ 5. You may arrange for medical care to be provided even if your ward does not wish to have it, but you may not place your ward in an inpatient psychiatric facility against your ward's will unless the Court specifically has authorized you to consent to such placement. You may handle small amounts of money or property belonging to your ward without being appointed conservator. As a general rule, "small amount" means that the ward does not receive income (from all sources) exceeding $10,000 per year, does not accumulate excess funds exceeding that amount, and does not own real property. If more than these amounts come into your possession, or are accumulated by you, you are required to petition the Court for the appointment of a conservator. If you handle any money or property belonging to your ward, you have a duty to do each of the following: a. b. c. d. Care for and protect your ward's personal effects; Apply any monies you receive for your ward's current support, care, and education needs; Conserve any excess funds not so spent for your ward's future needs; Maintain your ward's funds in a separate account, distinct from your own and identified as belonging to the ward; Maintain records of all of the ward's property received and expended during the period of the guardianship; Account to your ward or your ward's successors at the termination of the guardianship, and Not to purchase, lease, borrow, or use your ward's property or money for your benefit or anyone else's, without prior Court approval. 6. 7. e. f. g. 8. You shall not accept any compensation of any kind for placing your ward in a particular nursing home or other care facility, using a certain doctor, or using a certain lawyer. "Compensation" includes, but is not necessarily limited to, direct or indirect payments of money, "kickbacks", gifts, favors, and other kinds of personal benefits. You will need to obtain a certified copy of the Letters of Appointment that are issued to you by the Clerk of the Superior Court. Your certified copy is proof of your authority to act as guardian of your ward, and you should have this document available when acting on behalf of your ward. You may need to obtain additional (or updated) copies from time to time for delivery to, or inspection by, the people with whom you are dealing. You are required to report annually, in writing, with respect to your ward's residence, physical and mental health, whether there still is a need for a guardian and your ward's financial situation. Your report is due each year on the anniversary date of the issuance of your Letters of Appointment as permanent guardian. If your ward's physical address changes, you shall notify the Court by updating the Probate Information Form within three (3) days of learning of the change in your ward's physical address. If your ward is hospitalized or dies, it is your duty to notify family members. If your ward dies, you shall notify the Court in writing of the ward's death within ten (10) days of learning that the ward has died. 9. 10. 11. Effective January 1, 2017 Revised December 6, 2016 Page 2 of 6 American LegalNet, Inc. www.FormsWorkFlow.com Case No.______________________________ 12. You are responsible to foster contact between the ward and persons who have a significant relationship with the ward. You must be conscious at all times of the needs and best interests of your ward. If the circumstances that made a guardianship necessary should end, you are responsible for petitioning the Court to terminate