Guardianship of a Minor
Minor guardianship is a Court process that approves a person to act in place of a parent and take responsibility for a minor. A guardianship can be established for a short time (such as while a legal parent is working out of town or during deployment) or can continue until the minor turns 18.
How to file for Guardianship of a Minor
Before Filing
Complete the following tasks -
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Get Fingerprints
If you are NOT a blood relative, you must be fingerprinted and have a background check completed by the Arizona Department of Public Safety and the FBI. An issued fingerprint card will have to be filed with the court; some courts request that it is filed with the petition, while others will give a time frame of when it must be submitted. Example - In Maricopa county, you have 5 days after filing your petition to submit your fingerprint card. -
Fill out the Forms
Using BLACK INK complete the following forms:- Juvenile Guardianship Information Sheet
- Petition for Appointment of Guardian of a Minor
- Affidavit of Person to be Appointed Guardian
- Consent of Parent to Guardianship
File the Papers at the Court
Before the Court Hearing
After the Court Hearing
Guardianship Responsibilities of a Minor
As a guardian, you are responsible for seeing that the minor's personal needs are met. This includes food, clothing, shelter, medical needs, education, social development, and religious activities. You must provide for the safety, protection, and emotional well-being of the minor.
Legal Decision Making
The decision-making rights of the parents of the minor are suspended - not terminated - as long as a guardian is appointed for a minor. If you wish, you may ask the parents for their opinions about decisions relating to the minor, but you are responsible for all of the decisions relating to the minor.
Community Resources
Some minors in need of a guardianship may come from troubled environments. You must try to meet the minor's needs or obtain appropriate services. You should check with the Arizona Department of Economic Security for a referral to agencies that can help you and the minor.
Medical Care
You are responsible for meeting the medical needs of the minor. This includes making all decisions regarding care for medical, dental, and vision. You must arrange for all necessary services and maintain regular contact with the doctors of the minor.
Marriage
You have the right to consent, or refuse to consent, to the marriage of the minor. If the minor enters into a valid marriage, the minor becomes emancipated and the guardianship ends.
Education
You are responsible for determining where the minor attends school. You are the advocate for the minor within the school system and are responsible for attending parent-teacher conferences. If the minor has special educational needs, you must help in obtaining services.
Misconduct of the Minor
You are responsible for any harm or damage caused by the intentional misconduct of the minor that results in any injury, whether or not you could have anticipated the misconduct.The maximum you may be held liable for is $10,000 for each instance of misconduct.
Driver's License
You have the authority to sign the minor's application for a permit or driver's license. You become responsible for any damage caused by the minor's negligent or willful misconduct. If you maintain appropriate automobile insurance for the minor, you will not be held personally liable.
Change of Address
You must notify the Court immediately in writing if the minor's address or your address changes.
Financial Support
Even when the minor has a guardian, the parents continue to be financially responsible for the support of the minor. As a guardian, you may obtain child support from the parents. For more information, contact the Department of Economic Security at 1-800-882-4145.
You are responsible for managing any financial support for the minor, such as child support from the parent, public benefits, or money from private sources. Any money received must first be used for the current needs of the minor for support, care, and education. If there is money left over, it must be saved for the future needs of the minor.
Guardians must always keep the minor's money separate from their own, use it only for the minor's expenses, and keep records of how the money is used and invested. If the minor is entitled to get more than $10,000 per year, accumulates more than $10,000 in excess money, or acquires land, a conservator must be appointed. Conservators can be the same person as the guardian.
You are responsible for managing any financial support for the minor, such as child support from the parent, public benefits, or money from private sources. Any money received must first be used for the current needs of the minor for support, care, and education. If there is money left over, it must be saved for the future needs of the minor.
Guardians must always keep the minor's money separate from their own, use it only for the minor's expenses, and keep records of how the money is used and invested. If the minor is entitled to get more than $10,000 per year, accumulates more than $10,000 in excess money, or acquires land, a conservator must be appointed. Conservators can be the same person as the guardian.
