14-5204. Court appointment of guardian of minor; conditions for appointment
A. The court may appoint a guardian for a minor if the court finds that the appointment is in the best interest of the minor and that one of the following applies:
1. After being fully informed of the nature of a guardianship appointment, each living parent of the minor consents to the appointment of a guardian.
2. The parental rights of the living parents of the minor have been terminated.
3. The minor is at least sixteen years of age and is not the subject of an open dependency case pursuant to title 8 and, based on a preponderance of the evidence, no parent of the minor is willing or able to exercise the powers and duties granted by the court to a guardian.
B. A guardian who is appointed by will as provided in section 14-5202 and whose appointment has not been prevented or nullified under section 14-5203 has priority over any guardian who may be appointed by the court but the court may proceed with an appointment on a finding that the testamentary guardian has failed to accept the testamentary appointment within thirty days after notice of the guardianship proceeding.
Notes of Decisions
Matter of Guardianship of Cruz, 741 P.2d 317 (Ariz. Ct. App. 1987).
· cites it 6× “The statutes that resolve this matter are A.R.S. §§ 14-5204 and 14-5207. They state, in pertinent part: § 14-5204.”
Morales v. Glenn, 560 P.2d 1234 (Ariz. 1977).
· cites it 6× “This is a petition for special action to determine whether the respondent Judge of the Superior Court, acting as Judge of the Probate Division, had jurisdiction to award custody of two minor children in a guardianship action pursuant to A.R.S. § 14-5204. The facts necessary for…”
Matter of Guardianship of Mikrut, 858 P.2d 689 (Ariz. Ct. App. 1993).
· cites it 5× “DISCUSSION Bradbury first argues that the court’s order appointing Charlebois as permanent guardian of the children is invalid for lack of subject matter jurisdiction. She asserts that because her parental rights were not terminated or suspended by circumstances or court order…”
Bechtel v. Rose in & for Maricopa Cnty., 722 P.2d 236 (Ariz. 1986).
· cites it 2× “While these courts’ powers overlap those of the juvenile court to some extent, see A.R.S. § 14-5204 (appointment of a guardian); A.”
McNeal v. Mahoney, 574 P.2d 31 (Ariz. 1977).
· cites it 2× “A.R.S. § 14-5204 states, “The court may appoint a guardian for an unmarried minor if all parental rights of custody have been terminated or suspended by circumstances or prior court order.”
In re the Appeal in Maricopa Cnty. Juv. Action No. JD-05401, 845 P.2d 1129 (Ariz. Ct. App. 1993).
· cites it 2× “We do not mean to imply that the maternal grandparents would be better served by petitioning for a guardianship in probate court under A.R.S. § 14-5204. Although the supreme court has noted the overlap and interrelationship of the probate court's powers under that provision and…”
Stansell v. Superior Ct. in & for Cty., 607 P.2d 959 (Ariz. 1980).
· cites it 2× “A.R.S. § 14-5204 in pertinent part states: “The court may appoint a guardian for an unmarried minor if all parental rights of custody have been terminated or suspended by circumstances or prior court order.”
In re Guardianship of A.K., 557 P.3d 770 (Ariz. Ct. App. 2024).
· cites it 9× “First, the “foster care placement” definition contemplates inapplicable persons and events. It is an action “removing an Indian child from its parent or Indian custodian.”
Jessica S., Bret S. v. Brandy R., No. 1 CA-JV 21-0364 (Ariz. Ct. App. July 14, 2022).
· cites it 5× “§ 14-5204 (allowing the court to appoint a guardian for a minor “if all parental rights of custody have been terminated or suspended by circumstances or prior court order”); In re Mikrut, 175 Ariz.”
Cota v. Keene, No. 1 CA-CV 20-0301 (Ariz. Ct. App. Sept. 30, 2021).
· cites it 4× “at 546 . ¶12 Cota also argues a parent who is “denied and redenied control over his or her children must have the right to appeal the initial and subsequent denials.”
Arianne B. v. Dcs, A.B., No. 1 CA-JV 16-0181 (Ariz. Ct. App. Dec. 29, 2016).
· cites it 2× “being placed under the guardianship of her maternal grandmother, see A.R.S. § 14-5204 (2012) (court appointment of guardian of minor), because Arianne was sentenced to 2.”
In the Matter of D. Tsosie, 535 P.3d 965 (Ariz. Ct. App. 2023).
“R.S. § 14-5305 allows it to decline the mandatory appointment because the statute implies that the Public Fiduciary has the choice of whether to accept the appointment.”
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