§ 14-5209 — Powers and duties of guardian of minor

Arizona § 14-5209

• Jurisdiction: Arizona
• Title 14: Arizona Revised Statutes
• Ch. 5: PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY
• Art. 2: Guardians of Minors

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A. A guardian of a minor has the powers and responsibilities of a custodial parent regarding the ward’s support, care and education. A guardian is not personally liable for the ward’s expenses and is not liable to third persons by reason of the relationship for acts of the ward.

B. In particular, and without qualifying the foregoing, a guardian shall:

1. Become or remain personally acquainted with the ward and maintain sufficient contact with the ward to know of the ward’s capacities, limitations, needs, opportunities and physical and mental health.

2. Take reasonable care of the ward's personal effects and commence protective proceedings if necessary to protect other property of the ward.

3. Apply any available monies of the ward to the ward's current needs for support, care and education.

4. Conserve any excess monies for the ward's future needs, but if a conservator has been appointed for the estate of the ward, the guardian, at least quarterly, shall pay to the conservator money of the ward to be conserved for the ward’s future needs.

5. Report the condition of the ward and of the ward's estate which has been subject to his possession or control, as ordered by the court on petition of any person interested in the ward’s welfare or as required by court rule.

C. A guardian may:

1. Receive monies payable for the support of the ward under the terms of any statutory benefit, insurance system, private contract, devise, trust, conservatorship or custodianship, and monies or property of the ward paid or delivered pursuant to section 14-5103.

2. Take custody of the person of the ward and establish the ward’s place of residence in or outside this state, if consistent with the terms of an order of a court of competent jurisdiction relating to the detention or commitment of the ward.

3. If no conservator for the estate of the ward has been appointed, institute proceedings, including administrative proceedings, or take other appropriate action to compel the performance by any person of a duty to support the ward or to pay amounts for the welfare of the ward.

4. Facilitate the ward's education, social or other activities and consent to medical or other professional care, treatment or advice for the ward. A guardian is not liable by reason of this consent for injury to the ward resulting from the negligence or acts of third persons unless a parent would have been liable in the circumstances.

5. Consent to the marriage or adoption of the ward.

6. If reasonable, delegate to the ward certain responsibilities for decisions affecting the ward’s well-being.

D. A guardian is entitled to reasonable compensation for services as guardian and to reimbursement for room, board and clothing personally provided to the ward, but only as approved by order of the court. If a conservator, other than the guardian or one who is affiliated with the guardian, has been appointed for the estate of the ward, reasonable compensation and reimbursement to the guardian may be approved and paid by the conservator without order of the court.

E. In the interest of developing self-reliance on the part of a ward or for other good cause, the court, at the time of appointment or later, on its own motion or on appropriate petition or motion of the minor or other interested person may:

1. Create a limited guardianship by limiting the powers of a guardian otherwise conferred by this section. Any limitation on the statutory power of a guardian of a minor must be endorsed on the guardian’s letters.

2. Remove a limitation and issue revised letters.