Petition For Permanent Appointment Of Guardian Of An Adult

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Petition For Permanent Appointment Of Guardian Of An Adult is a commonly used form within Arizona. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Petition For Permanent Appointment Of Guardian Of An Adult

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Permanent Appointment Of Guardian Of An Adult:

• This form pertains to the State of Arizona

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Arizona’s Form pbga11fz - Petition For Permanent Appointment Of Guardian Of An Adult up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Arizona form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Arizona probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form pbga11fz, take a break, and then review. Probate and estate settlement processes in AZ are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form pbga11fz online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form pbga11fz witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Petition For Permanent Appointment Of Guardian Of An Adult to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Arizona.

5 reasons you should submit pbga11fz as quickly as possible:

1. The sooner you begin, the faster Arizona can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Arizona. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Arizona is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Arizona probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Arizona probate clerk or court for exact answers regarding Form pbga11fz, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Permanent Appointment Of Guardian Of An Adult is one of the many probate court forms available for download through Atticus.

It may also be available through some Arizona probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Arizona.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form pbga11fz - Petition For Permanent Appointment Of Guardian Of An Adult f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Arizona probate court office.

Petition For Permanent Appointment Of Guardian Of An Adult is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Arizona-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Arizona Form pbga11fz - Petition For Permanent Appointment Of Guardian Of An Adult. You can use this to get an idea of the context of the form and what type of information is needed.

© Superior Court of Arizona in Maricopa County PBGA11f - 080916 ALL RIGHTS RESERVED APE Page 1 of 8 Person Filing: Address (if not protected): City, State, Zip Code: Telephone: Email Address: Lawyer’s Bar Number: Licensed Fiduciary Number: Representing Self, without a Lawyer or Attorney for Petitioner OR Respondent SUPERIOR COURT OF ARIZONA IN ____________ COUNTY In the Matter of the Guardianship of: Case Number PB: PETITION FOR PERMANENT APPOINTMENT OF GUARDIAN FOR AN ADULT, or a Minor at least 17.5 years of age, to become effective at age 18 Name of Person to be Protected UNDER OATH OR BY AFFIRMATION: INFORMATION REQUIRED BY ARIZONA LAW (A.R.S. § 14-5303) 1.INFORMATION ABOUT THE PETITIONER (the person filing this petition) (My) Name: Address: Telephone: Date of Birth: My interest in or relationship to the person to be protected is: (examples: mother, father, sister, brother, grandparent, legal guardian) 2.INFORMATION ABOUT THE PERSON TO BE PROTECTED (also known as “the proposed pr otected person” or “the ward ”) Name: Address: Telephone: Date of Birth: FOR CLERK’S USE ONLY Case No. _______________ © Superior Court of Arizona in Maricopa County PBGA11f - 080916 ALL RIGHTS RESERVED APE Page 2 of 8 3.INFORMATION ABOUT THE PROPOSED GUARDIAN: (Complete this only if the proposed guardian is someone other than Petitioner.) A. Name: Address: Telephone: Date of Birth: Interest in or relationship to the person to be protected is: B. PRIORITY FOR APPOINTMENT: The proposed guardian named above has priority for appointment as guardian under Arizona law A.R.S. § 14-5 311, because he or she: was selected by the (proposed) ward to be the guardian; was nominated to serve as guardian in the ward's most recent durable power of attorney or health care power of attorney; is the spouse of the ward; is an adult child of the ward; is a parent of the ward, or was nominated in a will or writing signed by a deceased parent of the ward; is a relative the ward has lived with for more than six months before filing this petition; was chosen by someone who is caring for or paying benefits to the ward; is a private fiduciary, a professional guardian, conservator, or the Arizona Department of Veterans' Services. Other (explain): 4.INFORMATION ABOUT CONSERVATOR (OR OTHER GUARDIAN): To the best of my knowledge: (Check one box.) No Guardian or Conservator has been appointed in any other court, and no court proceedings are pending for such appointment; OR Someone has been appointed Guardian or Conservator, or court proceedings are pending. (If “yes”, provide details below.) Name: Address: Telephone: Date of Birth: Relationship to the person to be protected is: Was appointed GUARDIAN CONSERVATOR for the ward named in #2 above in: Name of Court: Located in: Case No. _______________ © Superior Court of Arizona in Maricopa County PBGA11f - 080916 ALL RIGHTS RESERVED APE Page 3 of 8 City and State: Date Appointed: Other Details: 5.INFORMATION ABOUT NEAREST RELATIVE: The nearest known relative is the Peti tioner the proposed conservator NEITHER. Name: Address: Telephone: Relationship to the person to be protected is: 6.PROPERTY AND ASSETS OF THE PROPOSED PROTECTED PERSON: (Check one) The ward has no substantial assets or income. No bond is required; OR The ward has assets and/or annual income in the approximate amount of $ ____________ List/Describe: 7.REASONS FOR GUARDIANSHIP: The proposed ward needs a guardian because he or she is incapacitated as defined by Arizona Law, A.R.S. §14-5101(1), to the extent that he or she lacks sufficient understanding or ability to make or communicate responsible decisions concerning his or her own well-being and self-interests. Appointment of a guardian is necessary or desirable t o provide continuing care and supervision of the person, and is in his or her best interests . THE PERSON TO BE PROTECTED IS INCAPACITATED AND IN NEED OF CONTINUING CARE A ND SUPERVISION DUE TO: (C heck all that apply): Mental illness, mental deficiency, mental disorder as defined by A.R.S. § 36-3501; Chronic use of drugs; Chronic intoxication; Physical illness or disability; Other (explain): 8.TYPE OF GUARDIANSHIP: LIMITED OR GENERAL: (A.R.S. § 14-5303(B)(8)) A. A LIMITED GUARDIANSHIP is requested with the following specific powers: 1.Authority for the guardian to: Consent to Medical Treatment Consent to Make Living Arrangements Arrange Education or Training Consent to Marriage Apply for Public Assistance or Social Services Consent to Outpatient Mental Health Care and Treatment Case No. _______________ © Superior Court of Arizona in Maricopa County PBGA11f - 080916 ALL RIGHTS RESERVED APE Page 4 of 8 2. INPATIENT Mental Health Powers: The ward is incapacitated as a result of mental health di sorder as defined in A.R.S. § 36-501. Authority is requested for the Guardian to place the ward in an Inpatient Psychiatric Facility for inpatient mental health care and treatment. This request is supported by the opinion of a licensed psychiatrist or psychologist, attached to and made part of this document by reference. 3. OTHER LIMITED POWERS REQUESTED: (List and Describe) Continues on attachment titled “Powers Requested”, made part of this document by reference. (OR) B. GENERAL GUARDIANSHIP is requested. As required by Arizona law, A.R.S. §14- 5303(B)(8) , less restrictive alternatives to general guardianship, including technological assistance, have been considered, however: ( Check the box if true*) The proposed ward is incapacitated in a manner or to an extent that a limited guardianship would not adequately protect and provide for the proposed ward’s care and well-being. (Optional additional information) * For the court to order a general guardianship, you must check the box and be prepared to offer clear and convincing evidence that less restrictive means of meeting the proposed ward’ s d emonstrated needs would not be sufficient. (A.R.S. § 14-5304(B)) INPATIENT Mental Health Powers: Authority is requested for the Guardian to place the ward in an Inpatient Psychiatric Facility for inpatient mental health care and treatment. This request is supported by the opinion of a licensed psychiatrist or psychologist, attached to and made part of this document by reference. C.(Limited or General) DRIVING PRIVILEGES AND VOTING RIGHTS: (A.R.S. §§14-5304) 1. The proposed ward’s incapacity does not prevent or interfere with safe operation of a motor vehicle. Petitioner requests that the court not suspend the ward’s privilege to obtain or retain a driver’s license. Medical or other evidence will be presented in support of this statement and request. 2. The Petitioner believes the proposed ward has sufficient capacity and understanding to exercise the right to vote. On behalf of the proposed ward, the Petitioner hereby petitions the court to consider the issue and hold a hearing at the same time as this Petition. Clear and Convincing evidence will be presented that the proposed ward has sufficient understanding to exercise the right to vote. NOTE: A general guardianship includes authority to consent to outpatient mental health treatment for the ward, but the Court must specifically grant authority to place the ward in an inpatient mental health facility. Check the box below if the best interests of the incapacitated person require the Guardian to have this authority. Case No. _______________ © Superior Court of Arizona in Maricopa County PBGA11f - 080916 ALL RIGHTS RESERVED APE Page 5 of 8 9. INFORMATION ABOUT OTHER COURT or AGENCY INVOLVEMENT A.Other Court Cases (Mark the box beside the statements below that are TRUE.) 1.Di vorce, Legal Separation, or Paternity cases with court orders T here are NO Divorce, Legal Separation, or Paternity court orders or cases, which include legal decision-making (custody) or parenting time (visitation) matters for the alleged incapacitated person. YES , a Court Order exists for a Divorce, Legal Separation, or Paternity case involving the alleged incapacitated person. ●The name of Arizona or other state Court where the above case is located:______________. ●The name of the Arizona or other state case number for the above case is ______________. The abov e case involved legal decision-making (legal custody) or parenting time (visitation). ●The petitioner or proposed guardian in the above-named case is: A parent of the alleged incapacitated person – or A non-parent who has been awarded legal decision-making for the alleged incapacitated person. I attached a copy of the most recent court order regarding legal decision-making (legal custody) or parenting time (visitation) from the (Divorce, Legal Separation or Paternity) mentioned above. (On the top margin of the attached court order copy, write “Attachment for Question 9.A.) 2. Ot her Guardianship or Conservatorship cases with court orders No Guardian or Conservator was appointed by court order in any other court, and no Guardianship and/or Conservatorship court proceedings are pending for such appointment; Som eone was appointed Guardian and/or Conservator, or Guardianship and/or Conservatorship court proceedings are pending. (If “yes”, provide details below.) Name: __________________________________ Address: _____________________________________________________________ Telephone: ________________________ Date of Birth: _______________________ Relationship to the person to be protected is: ________________________________ Was appointed GUARDIAN OR  CONSERVATOR for the alleged incapacitated. Name of Court:________________________________________________________________ Located in: City and State:_______________________________________________________ Date Appointed:___________________________ Other Details: ____________________________________________________________________________ B. Agency Involvement (Place a check mark beside the statements below that are true.) A state or local agency is NOT, or has NOT been involved or concerned with the alleged incapacitated person. Case No. _______________ © Superior Court of Arizona in Maricopa County PBGA11f - 080916 ALL RIGHTS RESERVED APE Page 6 of 8  Yes, a state or local agency is, or has been involved or concerned with the alleged incapacitated person The following state or local agency has a case with or has checked on the alleged incapacitated person: (Mark the box beside the agency involved, and write in the date of involvement)  Division of Aging and Adult Services ________________________________  Department of Child Safety  Division of Developmental Disabilities  Police  Other Agency: ____________________________ Authority granted to a guardian may include the authority to withhold or withdraw life sustaining treatment, including artificial food and fluid. (A.R.S. § 14-5303(B)). 10. APPOINTMENT OF PHYSICIAN or other health professional authorized or required by A.R.S. § 14-5303(c) or § 14-5312(B): ( Guardianship cannot be established for an adult unless the adult is examined by a medical doctor, registered nurse or psychologist whose written report is filed with the court before the hearing. If authority to consent to inpatient mental health care is requested, the report or a separate report recommending such authority must be prepared by a licensed psychiatrist or psychologist.) The proposed protected person will be examined by a physician or other health professional authorized by A.R.S. § 14-5303(C) or § 14-5312 (B)), whose written report I will file with the court. The examiner will also indicate whether the protected person’s driving privileges should be suspended and whether inpatient mental health treatment is recommended. The person I say is in need of protection will be examined by: Name: Address: Telephone Number: Email: Professional Title: Medical Doctor Registered Nurse Psychologist 11. APPOINTMENT OF AN ATTORNEY (G uardianship or conservatorship cannot be established for an adult who does not have an attorney appointed by the Court to represent his or her interests in court.) (Check one box only and fill in the information requested): The person I say is incapacitated already has an attorney who I request be appointed to represent him or her in court regarding the proposed guardianship and conservatorship: Name of Attorney: Address: Telephone Number: Case No. _______________ © Superior Court of Arizona in Maricopa County PBGA11f - 080916 ALL RIGHTS RESERVED APE Page 7 of 8 The prior relationship (if any) between the attorney and the Petitioner or the Ward consists of: (Explain) OR The incapacitated person does not have an attorney. I will contact the Office of Public Defense Services at (602) 506-7228, to arrange for a lawyer to be appointed by the court after this petition is filed. REQUIRED STATEMENTS TO THE COURT: (Note: All of these statements must be true for this court to have the authority to grant your Petition.) 12. TRUE Venue (the court in which you are filing this Petition) is proper in this county because the proposed protected person lives in or is present in this county. 13. TRUE The proposed guardian has completed the Affidavit of Person to be Appointed as Guardian o f an Adult and is filing that Affidavit with this Petition as required by Arizona law, A.R.S. § 14-5106. 14. TRUE I or the person I request to be appointed in section 3 is a suitable and proper person to act as guardian and is entitled to consideration for appointment under Arizona Law, A.R.S. § 14-5106, 5311, and/or 5410. 15.PERSONS ENTITLED TO NOTICE of this matter under Arizona law §14-5405 and to whom I will give notice of this case: (See instructions.) Name Address Relationship to the Ward A. B. C. D. Additional persons (or agencies) are listed on attachment (“Additional Parties Entitled to Notice”, made part of this document by reference.) REQ UESTS TO THE COURT: Petitioner asks the court to: 1.Appoint a lawyer to represent the proposed protected person’s interests, a physician or other health professional authorized by A.R.S. § 14-5303 or 5312 to report on his or her physical and mental condition, as well as a court investigator. 2.After Petitioner gives notice of the hearing to all interested persons and to those required by law, hold a hearing to determine if the Court should order a Guardianship; 3.Make a finding that the person is incapacitated, needs a guardian, and if applicable, make a finding that the incapacitated person requires inpatient mental health care; Case No. _______________ © Superior Court of Arizona in Maricopa County PBGA11f - 080916 ALL RIGHTS RESERVED APE Page 8 of 8 4. Make a finding that the person needs protection under law; 5. If a general guardianship is ordered, make a finding that less restrictive means, including technological assistance were considered, but not adequate or appropriate; 6. Appoint the person proposed in this petition as Guardian of the protected person; 7. Make any other orders the Court decides are in the best interests of the proposed incapacitated person. UNDER OATH OR AFFIRMATION I swear or affirm under penalty of perjury that the contents of this document are true and correct to the best of my knowledge and belief. Date Signature Printed Name STATE OF COUNTY OF Subscribed and sworn to or affirmed before me this: (date) by . (notary seal) Deputy Clerk or Notary Public