A. A guardian of an incapacitated person has the same powers, rights and duties respecting the guardian's ward that a parent has respecting the parent's unemancipated minor child, except that a guardian is not liable to third persons for acts of the ward solely by reason of the guardianship. In particular, and without qualifying the foregoing, a guardian has the following powers and duties, except as modified by order of the court:
1. To the extent that it is consistent with the terms of any order by a court of competent jurisdiction relating to detention or commitment of the ward, the guardian is entitled to custody of the person of the ward and may establish the ward's place of abode within or without this state.
2. If entitled to custody of the ward the guardian shall make provision for the care, comfort and maintenance of the ward and, whenever appropriate, arrange for the ward's training and education. Without regard to custodial rights of the ward's person, the guardian shall take reasonable care of the ward's clothing, furniture, vehicles and other personal effects and commence protective proceedings if other property of the ward is in need of protection.
3. A guardian may give any consents or approvals that may be necessary to enable the ward to receive medical or other professional care, counsel, treatment or service.
4. If no conservator for the estate of the ward has been appointed, the guardian may:
(a) Institute proceedings to compel any person under a duty to support the ward or to pay sums for the welfare of the ward to perform such person's duty.
(b) Receive money and tangible property deliverable to the ward and apply the money and property for support, care and education of the ward, but the guardian may not use funds from his ward's estate for room and board the guardian or the guardian's spouse, parent or child has furnished the ward unless a charge for the service is approved by order of the court made upon notice to at least one of the next of kin of the ward, if notice is possible. He must exercise care to conserve any excess for the ward's needs.
5. A guardian is required to report the condition of the ward and of the estate that has been subject to the guardian's possession or control, as required by the court or court rule.
6. If a conservator has been appointed, all of the ward's estate received by the guardian in excess of those funds expended to meet current expenses for support, care and education of the ward shall be paid to the conservator for management as provided in this chapter and the guardian must account to the conservator for funds expended.
7. If appropriate, a guardian shall encourage the ward to develop maximum self-reliance and independence and shall actively work toward limiting or terminating the guardianship and seeking alternatives to guardianship.
8. A guardian shall find the most appropriate and least restrictive setting for the ward consistent with the ward's needs, capabilities and financial ability.
9. A guardian shall make reasonable efforts to secure appropriate medical and psychological care and social services for the ward.
10. A guardian shall make reasonable efforts to secure appropriate training, education and social and vocational opportunities for his ward in order to maximize the ward's potential for independence.
11. In making decisions concerning his ward, a guardian shall take into consideration the ward's values and wishes.
12. The guardian is authorized to act pursuant to title 36, chapter 32.
13. The guardian of an incapacitated adult who has a developmental disability as defined in section 36-551 shall seek services that are in the best interest of the ward, taking into consideration:
(a) The ward's age.
(b) The degree or type of developmental disability.
(c) The presence of other disabling conditions.
(d) The guardian's ability to provide the maximum opportunity to develop the ward's maximum potential, to provide a minimally structured residential program and environment for the ward and to provide a safe, secure, and dependable residential and program environment.
(e) The particular desires of the individual.
B. Any guardian of a ward for whom a conservator also has been appointed shall control the custody and care of the ward and is entitled to receive reasonable sums for the guardian's services and for room and board furnished to the ward as agreed upon between the guardian and the conservator if the amounts agreed upon are reasonable under the circumstances. The guardian may request the conservator to expend the ward's estate by payment to third persons or institutions for the ward's care and maintenance.
Notes of Decisions
Rasmussen by Mitchell v. Fleming, 741 P.2d 674 (Ariz. 1987).
· cites it 22× “The superior court has subject matter jurisdiction to adjudicate all issues relating to the protection of incapacitated persons. A.R.S. § 14-1302(A)(2). Contained within the court's jurisdiction is the authority to appoint a guardian.”
In Re Guardianship of Sleeth, 244 P.3d 1169 (Ariz. Ct. App. 2010).
· cites it 2× “See A.R.S. § 14-5312 (2005) (powers and duties of guardians) and § 14-5424 (2005) (powers and duties of conservators).”
In Re the Guardianship & Conservatorship Of: Robert Sommer, 386 P.3d 1281 (Ariz. Ct. App. 2016).
· cites it 3× “02, among others, see §§ 14-5312, 14-5424. 3 If a ward were not allowed to appeal from the appointment of a guardian or conservator, these restrictions could exist until death without any opportunity for an appeal.”
Matter of Guardianship of Reyes, 731 P.2d 130 (Ariz. Ct. App. 1986).
· cites it 2× “Appellant’s final argument is that A.R.S. § 14-5312, listing the powers of the guardian, is overbroad because it grants powers that may be unnecessary in any given case.”
Vanderheiden v. Superior Court Maricopa, 897 P.2d 672 (Ariz. Ct. App. 1994).
· cites it 5× “1993), and section 14-5312 grants specific powers to guardians "except as modified by order of the court.”
Hedges v. Resolution Trust Corp., 32 F.3d 1360 (9th Cir. 1994).
“§ 14-5310(1) (1993), and could thus have retained counsel for him, see Ariz.Rev.Stat.Ann. § 14-5312(A)(3) (1993), but declined to do so.”
Pima Cnty. Pub. Fiduciary v. Superior Court, 546 P.2d 354 (Ariz. Ct. App. 1976).
· cites it 4× “” A.R.S. § 14-5312 confers upon the guardian of an incapacitated person the same powers, rights and duties respecting his ward that a parent has respecting his unemancipated minor child with one exception not applicable here.”
Est. of P.K.L. v. J.K.S., 943 P.2d 847 (Ariz. Ct. App. 1997).
“section 14-5312(B) provides: Any guardian of a ward for whom a conservator also has been appointed shall control the custody and care of the ward and is entitled to receive reasonable sums for his services and for room and board furnished to the ward as agreed upon between him…”
Govuveia v. Gruler (Ariz. Ct. App. 2026).
· cites it 2× “See A.R.S. §§ 14-5312(A), -5316(A)–(C). But Subsection (D) petitions arise when a petitioner asks the court to “compel” a guardian to provide the requested contact with a ward.”
Est. of PKL v. JKS, 943 P.2d 847 (Ariz. Ct. App. 1997).
“section 14-5312(B) provides: Any guardian of a ward for whom a conservator also has been appointed shall control the custody and care of the ward and is entitled to receive reasonable sums for his services and for room and board furnished to the ward as agreed upon between him…”
Cronin v. Superior Court, 752 P.2d 40 (Ariz. Ct. App. 1988).
· cites it 2× “As such, he acts as both a guardian and a conservator under the provisions of A.R.S. §§ 14-5312 and -5417. On September 28,1987, petitioner sought to be appointed the guardian and conservator of Adelle Ruberg, an incapacitated person.”
— Ariz. Rev. Stat. § 14-5312(A) — 5 cases
Rasmussen by Mitchell v. Fleming, 741 P.2d 674 (Ariz. 1987).
“The superior court has subject matter jurisdiction to adjudicate all issues relating to the protection of incapacitated persons. A.R.S. § 14-1302(A)(2). Contained within the court's jurisdiction is the authority to appoint a guardian.”
In Re the Guardianship & Conservatorship Of: Robert Sommer, 386 P.3d 1281 (Ariz. Ct. App. 2016).
“02, among others, see §§ 14-5312, 14-5424. 3 If a ward were not allowed to appeal from the appointment of a guardian or conservator, these restrictions could exist until death without any opportunity for an appeal.”
Govuveia v. Gruler (Ariz. Ct. App. 2026).
“See A.R.S. §§ 14-5312(A), -5316(A)–(C). But Subsection (D) petitions arise when a petitioner asks the court to “compel” a guardian to provide the requested contact with a ward.”
— Ariz. Rev. Stat. § 14-5312(A)(11) — 1 case
— Ariz. Rev. Stat. § 14-5312(A)(2) — 1 case
— Ariz. Rev. Stat. § 14-5312(A)(3) — 4 cases
Rasmussen by Mitchell v. Fleming, 741 P.2d 674 (Ariz. 1987).
“The superior court has subject matter jurisdiction to adjudicate all issues relating to the protection of incapacitated persons. A.R.S. § 14-1302(A)(2). Contained within the court's jurisdiction is the authority to appoint a guardian.”
Hedges v. Resolution Trust Corp., 32 F.3d 1360 (9th Cir. 1994).
“§ 14-5310(1) (1993), and could thus have retained counsel for him, see Ariz.Rev.Stat.Ann. § 14-5312(A)(3) (1993), but declined to do so.”
Pima Cnty. Pub. Fiduciary v. Superior Court, 546 P.2d 354 (Ariz. Ct. App. 1976).
“” A.R.S. § 14-5312 confers upon the guardian of an incapacitated person the same powers, rights and duties respecting his ward that a parent has respecting his unemancipated minor child with one exception not applicable here.”
— Ariz. Rev. Stat. § 14-5312(B) — 2 cases
Est. of P.K.L. v. J.K.S., 943 P.2d 847 (Ariz. Ct. App. 1997).
“section 14-5312(B) provides: Any guardian of a ward for whom a conservator also has been appointed shall control the custody and care of the ward and is entitled to receive reasonable sums for his services and for room and board furnished to the ward as agreed upon between him…”
Est. of PKL v. JKS, 943 P.2d 847 (Ariz. Ct. App. 1997).
“section 14-5312(B) provides: Any guardian of a ward for whom a conservator also has been appointed shall control the custody and care of the ward and is entitled to receive reasonable sums for his services and for room and board furnished to the ward as agreed upon between him…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.