Guardianship vs. Conservatorship in Arizona: What’s the Difference?

What is the Difference Between a Guardianship and a Conservatorship in Arizona?

As our loved ones get older, they sometimes need more help. Maybe your mother in Lake Havasu is getting confused and forgetting to pay her bills. Or maybe your father in Bullhead City has had a stroke and can’t make his own medical decisions.

You want to help, but you find out you can’t. The bank won’t let you access his account to pay the mortgage. The doctor won’t talk to you about her medical care because of privacy laws.

This is a terrible, powerless feeling.

To get the legal authority to help, you may need to go to court. In Arizona, there are two legal processes for this: Guardianship and Conservatorship.

Most people use these words interchangeably, but they are not the same. They do two totally different jobs.

At Knochel Law Offices, our elder law and estate planning team has been guiding families in the Tri-State area through this process for over 35 years. We know how confusing this is. Let’s make it simple.

What is a Guardianship in Arizona?

A Guardianship is for the PERSON.

A judge at the Mohave County Superior Court will appoint a “Guardian” for someone (called the “ward”) who is “incapacitated.” This is a legal term. It means the person cannot make or communicate responsible decisions about their personal well-being.

This is almost always about medical and living decisions.

As a Guardian, your job is to:

• Decide where the person lives (at home with help, or in an assisted living facility).
• Make decisions about their medical care (approving treatments, talking to doctors).
• Manage their food, clothing, and daily care.

A Guardianship is not about money. It is only about the personal health and safety of your loved one.

What is a Conservatorship in Arizona?

A Conservatorship is for the PROPERTY (MONEY).

A judge will appoint a “Conservator” to manage the finances and assets of a person (called the “protected person”) who cannot manage their own money.

This person might be incapacitated (like in a coma). Or, they might just be in a situation where they are being scammed or are “unable to manage their property and affairs effectively,” as the Arizona statute says.

As a Conservator, your job is to:

• Access the person’s bank accounts to pay their bills (mortgage, utilities, medical bills).
• Collect their income (like Social Security or a pension).
• Manage their investments.
• Protect them from financial fraud and scams.

The court takes this very seriously. You will have to file a detailed inventory of all their assets and an annual accounting of every single dollar you spent.

Here’s the simple way to remember:

• Guardian = “G” for Guarding their health.
• Conservator = “C” for Controlling their cash.

Can You Need Both a Guardian and a Conservator?

Yes. In fact, it’s very common.

If your mother has Alzheimer’s, she likely needs both. She needs a Guardian to manage her medical care and decide on a safe place for her to live. And she needs a Conservator to access her bank accounts to pay for that care and her other bills.

Often, the same trusted person (like an adult child or a spouse) will be appointed as both. But they are still two separate legal jobs with two separate sets of responsibilities.

How Can We Avoid This? (The Power of Estate Planning)

This is the most important question.

A guardianship or conservatorship is a public lawsuit. You have to go to court. You have to prove to a judge that your loved one can’t handle their own affairs. It can be expensive, slow, and very stressful.

You can avoid this entire process with good estate planning.

If you or your loved one signs these two documents while you are still healthy, you can choose who helps you. You can avoid court completely.

1. A Healthcare Power of Attorney (HCPOA): This document lets you choose your own “Guardian.” You name an agent to make your medical decisions. This is your choice, not a judge’s.
2. A Durable (Financial) Power of Attorney (POA): This document lets you choose your own “Conservator.” You name an agent to pay your bills and manage your money.

These documents are simple, private, and inexpensive. They let you stay in control.

Going to court for a guardianship is the “safety net” for people who don’t have a Power of Attorney. It’s the best reason to talk to an estate planning attorney “near me,” long before you ever get sick.

In fact, AARP reports that while 81% of older adults think having a healthcare directive is important, only 56% have actually done it. Don’t be in the group that leaves this to a court.

Key Takeaways: Guardianship vs. Conservatorship

• Guardianship = For the PERSON. This person makes healthcare and living decisions.
• Conservatorship = For the MONEY. This person makes financial decisions and pays bills.
• You Can Need Both: It is common for one person to need both a Guardian and a Conservator.
• This is a Court Process: You must go to court to be appointed. It is a public, and often expensive, lawsuit.
• You Can Avoid It: The best way to avoid this is with a complete estate plan. A Healthcare Power of Attorney and a Financial Power of Attorney let you choose who makes these decisions, without a judge.

5 Common Questions About Guardianship

1. My dad is still sharp, but he’s being scammed. Can I get a conservatorship? Yes. This is a very common reason. The legal standard isn’t just “incapacity.” It can also be that the person is “unable to manage their property… due to… chronic use of drugs, chronic intoxication, or other cause.” Being a victim of “undue influence” (like a scammer or even a “new best friend”) can be a reason for the court to step in and appoint a Conservator to protect their assets.
2. What is a “limited” guardianship? A judge will always try to be as “least restrictive” as possible. If your loved one can still make some decisions, the judge may order a “limited” guardianship. For example, the judge might say the person can still choose where they live, but the Guardian has the power to make medical decisions.
3. My brother and I both want to be the guardian for our mom. What happens? This is called a “contested” guardianship, and it’s a terrible fight. The judge will have to hold a trial. You and your brother will testify. The judge may appoint a third-party attorney for your mom. In the end, the judge will pick who they think is the best person for the job. Or, the judge may get frustrated and appoint a neutral third-party professional guardian, which is not what either of you wanted.
4. I have a Power of Attorney. Why is the bank/hospital not accepting it? This is a huge problem. Sometimes, the document is too old. Or it’s a “springing” power of attorney that says it only works if a doctor declares you “incapacitated” (and you can’t get a doctor to sign the paper). Or it’s a cheap form from the internet that is missing the right legal language. This is why having a high-quality, durable POA drafted by an experienced local attorney is so important.
5. How do I start the process in Mohave County? The first step is to file a “Petition for Guardianship/Conservatorship” with the Mohave County Superior Court. You must then serve a copy of this petition to your loved one and all close family members (spouse, parents, adult children). A court investigator will be appointed to visit your loved one and make a recommendation. It is a very complex legal process, and you should not try to do it without an experienced lawyer.