Arizona Revised Statutes Section 14-5204 states that 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. Also, a parent of a Minor may nominate a person in a Will to be the guardian for a minor child.
- A Minor who is 14 years or older may file a written objection to the appointment of the person whose appointment as guardian has been requested.
- A Minor 14 years or older must be formally served with the court papers which request the appointment of a guardian.
Before the court will appoint a person as guardian who is unrelated to the Minor (not a blood relative), the potential guardian is required to furnish a full set of fingerprints to the court to enable a criminal background investigation to be conducted. The court will submit the completed fingerprint card with the prescribed fee to the Arizona Department of Public Safety. The applicant must pay the cost of obtaining the criminal background information.
The court will consider the circumstances surrounding the request for appointment of a guardian of a Minor in making its determination about whether or not the appointment is in the best interests of the Minor. A guardian of a Minor must file an annual report with the court regarding the health and welfare of the Minor; the form of report is provided by the court and designed for the guardian to provide answers to specific questions on the report form. The guardianship will terminate when the Minor reaches 18 years of age.
A checklist of the information needed to prepare the court documents requesting that a guardian be appointed for a Minor can be found here.