Due Process Required in Guardianship Proceeding
Probate courts have broad discretion about how to handle the cases they consider. Especially when it comes to guardianship and conservatorship, the probate judge usually has considerable latitude about how to proceed. It is essential, however, that the probate judge recognize that he or she must give the litigants their due process — the rules […]
Court Investigator Required Before Appointment of Guardian
Non-lawyers often assume that courts regularly appoint guardians from a list of people or agencies they have dealt with before. In fact, the people involved almost always choose the guardian, rather than the judge herself. Many states (including Arizona) do have a method for vetting a potential guardian, though. The role may be named something […]
Lawyer’s False Guardian Reports Lead to Bar Discipline
A court-appointed guardian has a variety of responsibilities. One administrative duty: most states require the filing of guardian reports, typically once a year. Those guardian reports alert the court to any changes. They also address whether the guardianship continues to be appropriate. Who and what must be reported Arizona, for instance, provides a report form […]
Conservator Properly Appointed for Missing Homeless Man
AUGUST 10, 2015 VOLUME 22 NUMBER 29 Late in 2012, Mark West was driving a car that struck and injured Don Barnes (both names have been changed) in the Phoenix area. Barnes hired an attorney to sue West, but because the attorney was unsure of Barnes’ ability to understand the proceedings, he sought appointment of […]
