Arizona Revised Statutes

Ariz. Rev. Stat. § 36-564 (2026)

Guardianship

✓ current as of May 2026

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A. Guardians for clients acting under the provisions of this chapter shall be appointed pursuant to title 14, chapter 5, articles 1, 2, 3 and 6.

B. The department shall request the appointment of a guardian for minor clients receiving services under the provisions of this chapter if no parent is willing and competent to act, and shall request the appointment of a guardian for adult clients receiving services under the provisions of this chapter if it appears that the appointment of a guardian would be in the client's best interests in accordance with section 14-5304.

C. When no person or corporation is qualified and willing to act as guardian for a client, the department shall notify the public fiduciary of the county where the client is receiving services of the need for appointment of a guardian.

D. Guardianship or conservatorship for persons with developmental disabilities shall be utilized only as is necessary to promote the well-being of the individual, be designed to encourage the development of maximum self-reliance and independence in the individual, and shall be ordered only to the extent necessitated by the individual's actual mental, physical and adaptive limitations.

Notes of Decisions

Cited in 2 cases, 1971–1994 · leading case: Vanderheiden v. Superior Court Maricopa, 897 P.2d 672 (Ariz. Ct. App. 1994).

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Vanderheiden v. Superior Court Maricopa, 897 P.2d 672 (Ariz. Ct. App. 1994). · cites it 5× “” A.R.S. § 36-564(A). “When no person or corporation is qualified and willing to act as guardian .”

In Re Maricopa Cnty. Appeal, 489 P.2d 1238 (Ariz. Ct. App. 1971). · cites it 2× “Notwithstanding this, appellant points out that most of these same voluntary admittance prerequisites are found in the only statutory provision in Title 36 which allows involuntary commitment to State Department of Mental Retardation facilities, A.R.S. § 36-564. That statute…”

— Ariz. Rev. Stat. § 36-564(A) — 1 case

Vanderheiden v. Superior Court Maricopa, 897 P.2d 672 (Ariz. Ct. App. 1994). “” A.R.S. § 36-564(A). “When no person or corporation is qualified and willing to act as guardian .”

— Ariz. Rev. Stat. § 36-564(B) — 1 case

Vanderheiden v. Superior Court Maricopa, 897 P.2d 672 (Ariz. Ct. App. 1994). “” A.R.S. § 36-564(A). “When no person or corporation is qualified and willing to act as guardian .”

— Ariz. Rev. Stat. § 36-564(C) — 1 case

Vanderheiden v. Superior Court Maricopa, 897 P.2d 672 (Ariz. Ct. App. 1994). “” A.R.S. § 36-564(A). “When no person or corporation is qualified and willing to act as guardian .”

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