FAQ - Calculating Time
Adoption Petitions
Anyone with legal residency in the United States, who is 21 years old or younger, living in Arizona when an adoption petition is filed may be adopted.
W
Adoption proceedings are brought in the county where the child is a ward or where the petitioner lives.
Eligibility
Any adult residing in Arizona is eligible to adopt, as long as they qualify. Heterosexual couples may jointly adopt a child.
Resources
State Statute - A.R.S. § 8-105
State Statute - A.R.S. § 36-1681
Guardianship of an Incapacitated Adult Thru Court Order
Petition
Court appointment of a guardian for an alleged incapacitated person is more involved than appointment in the case of a minor. A formal hearing must be started by petitioning the Court for either a limited or general guardianship.
Limited guardianship - allows the guardian to only manage some of the affairs of the ward
General guardianship - gives the guardian the right to to manage all business and personal matters for the ward
Hearing
There must be a hearing in the county the person lives in to determine if the adult is incapacitated and unable to take care of themselves without a guardian. The adult in question must be served personally at least 14 days before the hearing. Notice of a hearing on determining their capacity must also be given to, if applicable, their:
- Spouse
- Parents
- Adult children
- Anyone serving as conservator
- Person who has care and custody
Court Hearing Rights of the Alleged Incapacitated Person
They have the same rights of due process:
- to appear in person
- to be represented by counsel
- to present evidence
- to cross-examine
- to request a jury trial
The Court will assign:
- A lawyer (if they do not have one of their own)
- An "investigator" to interview the people involved and visit the living situation. This person is typically someone in social services, a nurse, or someone trained in the law and an officer, employee, or appointee of the Court
- An "examiner" to give a medical exam of the incapacitated person. This person is a doctor, psychologist, or registered nurse.
Bond
A bond may be required by the guardian, but are not mandated in every situation. Normally a conservator is appointed if the ward owns a large amount of property or income (typically, larger than $10,000 a year). The guardian has a right to receive funds and benefits, but if the amount is large, the Court will require a bond.