The Guardianship of Minors Arizona form is a legal document used to request the court to appoint a guardian for a minor on a temporary or emergency basis. This process is essential for ensuring the safety and well-being of children who may need immediate guardianship due to various circumstances. If you believe a minor requires a guardian, you can begin by filling out the necessary forms by clicking the button below.
In Arizona, the Guardianship of Minors form is a crucial tool for individuals seeking to appoint a guardian for a minor child on a temporary or emergency basis. This process is designed to ensure the safety and well-being of minors who may require immediate guardianship due to various circumstances. The form allows for the appointment of a guardian for a maximum of six months, providing a temporary solution while a more permanent arrangement can be established. To initiate this process, the minor must reside in Maricopa County, and the appointed guardian cannot be one of the child's parents. The application can cover multiple children, provided they share the same parents. If the guardianship is expected to last longer than six months, a separate petition for permanent guardianship must be filed. The packet includes essential documents such as the Petition for Temporary Appointment of a Guardian and an Affidavit of the person to be appointed as guardian. It is important to complete these forms accurately and file them at the appropriate court facility. Consulting with a legal professional before filing can help navigate this complex process and avoid potential pitfalls.
GUARDIANSHIP
OF MINORS (only)
1
Temporary / Emergency Orders
for Guardianship of MINORS
(Forms and Instructions)
©Superior Court of Arizona in Maricopa County
ALL RIGHTS RESERVED
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SELF-SERVICE CENTER
TEMPORARY / EMERGENCY APPOINTMENT OF GUARDIAN
FOR MINOR(S)
CHECKLIST
You may use the forms and instructions in this packet if . . .
You want to have the court appoint a guardian for one or more persons under the age of 18 on a temporary or emergency basis for a period of not more than 6 months.*
The minor lives in Maricopa County.
The person who will serve as guardian is not one of the parents.
You believe that the minor(s) needs to have a guardian temporarily and/or immediately.*
You are applying for Guardianship for more than one child, they have the same parents. **
*If the need for the guardianship will continue for more than 6 months, you will need to petition for “permanent” guardianship.
**If there are multiple children and they do not all have the same fathers and mothers, you must file a separate case for each set of parents.
READ ME: Consulting a lawyer before filing documents with the court may help prevent
unexpected results. A list of lawyers you may hire to advise you on handling your own case or to perform specific tasks, as well as a list of court-approved mediators can be found on the Self- Service Center website at:
www.superiorcourt.maricopa.gov/SSC
JGT1k-051413
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Self-Service Center
APPOINTMENT OF A TEMPORARY / EMERGENCY
GUARDIAN
FOR MINOR(S) ONLY
FORMS AND INSTRUCTIONS
This packet contains court forms and instructions to get a temporary or emergency guardianship for a minor (or minors). Forms that you will need to copy and file with the Court appear in BOLD below. Non-bold items are instruction or information pages. Do not file or copy non-bold items.
Order
File Number
Title
# pages
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Checklist : You may use these forms if . . .
2
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Table of Contents (this page)
3
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How to Get a Guardian Appointed for a Minor on a Temporary /
4
Emergency Basis (Instructions and Helpful Information)
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“Juvenile Guardianship Information” Sheet
5
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“Petition for Temporary Appointment of a Guardian for a
8
Minor”
6
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“Affidavit of Person to be Appointed Guardian”
The documents you have received are copyrighted by the Superior Court of Arizona in Maricopa County. You have permission to use them for any lawful purpose. These forms shall not be used to engage in the unauthorized practice of law. The Court assumes no responsibility and accepts no liability for actions taken by users of these documents, including reliance on their contents. The documents are under continual revision and are current only for the day they were received. It is strongly recommended that you verify on a regular basis that you have the most current documents.
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HOW TO GET A GUARDIAN APPOINTED FOR A MINOR ON A
TEMPORARY and/or EMERGENCY BASIS
Introduction: These are the steps to ask the Court to appoint a temporary guardian for a minor. A temporary guardianship only lasts for a maximum of six (6) months unless extended by the Court or until the court hearing takes place on a request to appoint what the Court calls a “permanent” guardian. The temporary guardian and the permanent guardian may be the same person.
•
You may file for permanent and temporary guardianship together or separately.
You may file for permanent guardianship without filing for temporary.
You may file for temporary guardianship without filing for permanent if the guardian will not be needed for longer than six months.
Temporary Guardianship
The regular, “permanent” guardianship process takes about two months. It is appropriate to file for a temporary guardianship when there are good reasons you cannot wait the few months it would take to get a permanent appointment, or you do not expect a guardian will be needed for more than six months.
Temporary Emergency Guardianship Without Notice (sometimes called “ex parte”), is granted when a person needs a guardian appointed immediately, without prior notice to the parents of the minor or to other persons who have a legal right to know that a legal process has been started that involves the minor.
This is a very serious matter. The Judge will not grant a temporary appointment without notice unless you have a very good reason and can prove that immediate and irreparable injury, loss, or damage will result before notice can be given. A Temporary Emergency Guardianship appointment only lasts for a maximum of 30 days unless extended by the Court.
SECTION I: PREPARE THE DOCUMENTS
1.Complete the documents for the TEMPORARY APPOINTMENT.
Fill out all the forms for the temporary appointment completely:
•USE BLACK INK.
•COMPLETE the PETITION FOR TEMPORARY APPOINTMENT OF A GUARDIAN FOR A MINOR.
•MAKE 2 COPIES of the completed forms.
2.If applicable: Complete the forms for the PERMANENT APPOINTMENT. (Separate
packet required). You need the following list of forms you need to start the case for the permanent appointment:
•JUVENILE GUARDIANSHIP INFORMATION SHEET
•PETITION FOR PERMANENT APPOINTMENT OF A GUARDIAN for a MINOR
•AFFIDAVIT OF PERSON TO BE APPOINTED GUARDIAN. (Required by ARS §14-5106)
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3. Photocopy all the documents: Make 2 copies of all the forms. Assemble the copies so that you have 3 complete packets -- the originals and 2 sets of copies.
4.File the papers at the court: Determine where to file the court forms. There are two facilities for the Maricopa County Juvenile Court:
Durango Facility
Southeast Facility
3131 W. Durango Street
1810 S. Lewis Street
Phoenix, AZ 85009
Mesa, AZ 85210
Cases are assigned to a facility based upon the zip code of the residence of the petitioner. If the zip code is 85200 through and including 85299, or any zip code area that is east of Central Avenue, the case will probably be assigned to the Southeast Facility. Any zip code that is west of Central Avenue will probably be assigned to the Durango Facility.
You can present your documents for filing at either location; however you are encouraged to take them to the correct facility for faster processing.
GO TO THE CLERK’S OFFICE: Take the original and 2 copies of the following documents to the Clerk of the Court (Juvenile):
•PETITION FOR TEMPORARY APPOINTMENT OF A GUARDIAN FOR A MINOR
•(if applicable) PETITION FOR APPOINTMENT OF A PERMANENT GUARDIAN of a MINOR,
AND
•AFFIDAVIT OF PERSON TO BE APPOINTED GUARDIAN
There is a fee for filing for guardianship, which must have been paid or deferred before filing these papers. If you have paid or deferred the fee to file one, there is currently no separate fee to file the other.
Note: If you will have difficulty paying the filing fee, you may apply for a fee deferral (payment plan) or waiver. Applications are available from the Self-Service Center or the Juvenile Court filing counter.
WHAT THE CLERK WILL DO: The Clerk will file the original JUVENILE GUARDIANSHIP
INFORMATION SHEET (This document is for court use only; it is not a public record). The Clerk will file originals of the following documents, and give you back clerk-stamped (“conformed”) copies to show these documents were filed:
•PETITION FOR TEMPORARY APPOINTMENT OF GUARDIAN
•(if applicable) PETITION FOR APPOINTMENT OF PERMANENT GUARDIAN OF A MINOR, AND
NOTE YOUR “JG” CASE NUMBER: The case number assigned is stamped in the upper right-hand corner of all the documents the clerk stamped for you. The case number always starts with the initials ”JG”. Use this number on every paper you file with the court from now on.
5. (If applicable) Schedule the Permanent hearing date: Take originals of one or both of the following papers to Juvenile Court Administration:
•INSTRUCTIONS AND REQUEST FOR HEARING DATE; AND
Take 2 copies of these Clerk-stamped (conformed) papers to Juvenile Court Administration:
•PETITION FOR APPOINTMENT OF GUARDIAN FOR A MINOR,
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Juvenile Court Administration will, if applicable, schedule the permanent hearing on the form called INSTRUCTIONS AND REQUEST FOR HEARING DATE and return it to you. Now you know the date, time, and location of the hearing on the permanent appointment, and the name of the Judge or Commissioner who will hear the case.
6. To schedule the hearing on the Temporary or emergency appointment:
If you have requested that a temporary guardian be appointed, Juvenile Court Administration will take the Petition for Temporary Appointment of Guardian to the assigned Judicial Officer for review. The assigned Judicial Officer will set a hearing date ONLY if he/she agrees that an emergency exists.
If the Judge decides to give you a hearing on the petition for Temporary Appointment of a Guardian of a Minor, court staff will provide you with 2 copies of a NOTICE OF HEARING form. You will need to give notice of the hearing to everyone entitled to notice before the hearing. See #7, below, and Packet Part 2--Service and Notice of the Court Hearing, for information on who must be given notice.
7.LEGAL NOTICE: You must give notice about the court case: If this is an emergency hearing with notice, you must give notice to everyone required to be given notice under Arizona law of a petition for permanent guardianship, as required by Arizona law (A.R.S. §14-5310 and 14-5401). See Packet Part 2--Service and Notice of the Court Hearing. Notice must be complete before the hearing.
•If this is an emergency hearing without notice, you must give notice to the person who needs the temporary or emergency guardianship by personal service within 72 hours after the Court hearing. No other notice is required in these cases.
SECTION 2: PREPARE for THE HEARING
8.Legal Notice Before the hearing: If you were required to give advance notice of the
temporary or emergency hearing, file the originals of the following documents: NOTICE OF HEARING, WAIVER OF NOTICE, (If applicable), and PROOF OF NOTICE.
Bring copies of all 3 documents with you to the hearing to be “conformed” (stamped by Court staff). Do this as soon as possible, at least 3 business days before the hearing on the temporary petition. Otherwise, bring these documents with you to the hearing.
9.Documents to bring to the hearing: Bring to the hearing the original documents, and any documents you filed with the Clerk, such as:
•Proof of Notice of Hearing
•Waiver of Notice, (if applicable)
•Acceptance of Service (if applicable)
•Affidavit Supporting Publication (if applicable)
10.Other information to know before the Court Hearing:
•The Juvenile Court uses a digital audio recording system to preserve the official court record of the proceedings. If a party want a court reporter to record a proceeding in the Juvenile Court, they must file a written request with the Clerk of Court and Juvenile Court Administration at least
72 hours before the start of the guardianship proceeding.
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•If you need a court interpreter, telephone 602-506-0490 at least 10 days before the hearing.
•Be prepared to testify at the Court hearing about why you think the Guardianship is needed. Bring with you to Court any witnesses you think will help you testify.
•Tell the Judge about the case, and why the temporary appointment is necessary. Bring all paperwork with you that you think is applicable, such as reports about the person you say needs the guardian, police or Child Protective Services (CPS) records concerning the person, etc.
SECTION 3 – AFTER THE COURT HEARING
11.Go to the Court Clerk: Ask whether the Judge signed the Order, and when you can get a copy of it. After you receive the Order for Temporary Guardianship, you will need a certified copy to show you are the person officially appointed by the Judge. There is a $26.00 certification fee plus $0.50 per page to do this. Payment may be made in cash (in person only) or by check or money order made payable to the Clerk of Court.
If you did not already give legal notice about the PETITION FOR TEMPORARY APPOINTMENT and the court hearing as described in STEP 7, then you must now give notice of the court papers and the hearing to everyone who is entitled to know about the court case before the hearing date.
12.Other help: Court personnel can answer certain limited questions about the procedures involved, but only an attorney can give you legal advice. You can call the Maricopa County Bar Association’s Lawyer Referral Service at 602-257-4434 to schedule a half-hour consultation for $35, or find a lawyer in the yellow pages of your telephone book (or online) under “attorneys”.
The Self-Service Center also has a list of lawyers who will, for a fee, assist you on a task-by-task basis or advise you on how to conduct your own case. The list shows where the lawyers are located, how much they charge to look over the court papers or answer your questions, and what their experience is. You
may view the list at the Self Service Center or on the Court’s web site at:
www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/LawyersAndMediators/
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Name of Person Filing Document: Address:
City, State, Zip Code:
Telephone Number:
Attorney Bar Number (if applicable): Representing Self or Attorney for
For Clerk’s Use Only
SUPERIOR COURT OF ARIZONA
IN MARICOPA COUNTY JUVENILE COURT
In the matter of Guardianship of:
A Minor
Female
Male
Case Number JG
JUVENILE GUARDIANSHIP INFORMATION SHEET
THIS FORM IS TO BE COMPLETED BY THE PETITIONER(S) AND RETURNED
TO THE CLERK AT THE TIME OF FILING THE PETITION.
This information is confidential and for Court use only, and is not part of the public record.
DESCRIPTION OF
PETITIONER
CO-PETITIONER
Name
Address
City, State, Zip
Telephone Number
(
)
Date of Birth
Social Security Number
Passport Number
Ethnicity
Height
Weight
Color of Hair
Color of Eyes
Relationship to person(s)
to be protected
Private Fiduciary Certification or Licensing Number:
Date of birth of Minor(s): (Month/Day/Year)
Is the person you are seeking to assist a foreign national?
Yes
No
If yes, please specify country:
Is the Minor(s) or a sibling of the Minor(s) involved in a Juvenile Dependency action?
Will you or any person required to receive notice need a court interpreter?
If “Yes”, what language(s) ?
YES
NO
© Superior Court of Arizona in Maricopa County
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Name of Person Filing Document:
Address:
Attorney Bar Number (if applicable):
Representing Self (Without a Lawyer OR Attorney for
FOR CLERK’S USE ONLY
SUPERIOR COURT OF ARIZONA IN MARICOPA COUNTY
In the Matter of Guardianship of:Case Number: JG
PETITION FOR
TEMPORARY APPOINTMENT
OF A GUARDIAN FOR A MINOR
EMERGENCY APPOINTMENT
WITHOUT NOTICE REQUESTED
INFORMATION FROM GUARDIANS, UNDER OATH or AFFIRMATION:
1.INFORMATION ABOUT PETITIONER
Name:
Street Address:
Telephone:Date of Birth:
I am related by blood to the children. Explain how you are related. (Examples: grandmother, uncle, sister, etc.)
Are you related to the children through the Mother’s side of the family or the Father’s side?
Mother
Father
Paternity has been established through
Birth Certificate
Court Order
I am NOT related by blood to the children. Explain how you know the children.
Note: If the person to be appointed Guardian is not related to the child, the person will need
to submit a full set of fingerprints to obtain a criminal background investigation.
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Use only most current version
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PTT
Case No.
2.INFORMATION ABOUT THE CHILDREN WHO NEED A TEMPORARY
GUARDIAN:
(Make copies of this page if needed for additional children)
male female
a. Child’s name: Child’s birth date: Child’s birth place: Child’s address:
b. Child’s name: Child’s birth date: Child’s birth place: Child’s address:
male
c. Child’s name: Child’s birth date: Child’s birth place: Child’s address:
female
d. Child’s name: Child’s birth date: Child’s birth place: Child’s address:
(If more than four children, please attach information for all children)
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Filling out the Guardianship of Minors form in Arizona requires careful attention to detail. After completing the form, you will need to file it with the court and may have to attend a hearing. The following steps will guide you through the process of filling out the necessary documents for a temporary guardianship.
What is the purpose of the Guardianship of Minors Arizona form?
The Guardianship of Minors Arizona form is designed to help individuals petition the court for the appointment of a temporary or emergency guardian for a minor under the age of 18. This process is essential when a child needs immediate care due to circumstances such as parental absence or incapacity. The guardianship can last for up to six months, ensuring that the minor has a responsible adult to care for them during this critical time. If the need for guardianship extends beyond six months, a separate petition for permanent guardianship must be filed.
Who can apply for temporary guardianship of a minor?
Anyone who is not a parent of the minor can apply for temporary guardianship, provided they believe that the minor requires immediate guardianship. This could include relatives, family friends, or other trusted individuals. It’s important to note that if you are applying for guardianship for multiple children, they must share the same parents. If the children have different parents, separate cases must be filed for each set of parents.
What steps are involved in filing for temporary guardianship?
The process begins by completing the necessary forms for a temporary appointment. You'll need to fill out the Petition for Temporary Appointment of a Guardian for a Minor and make copies of all documents. After preparing your paperwork, you must file it at the appropriate court facility in Maricopa County, based on your zip code. There is a filing fee, which can sometimes be deferred or waived if you demonstrate financial hardship. Once filed, the court will review your application, and a hearing may be scheduled to finalize the guardianship.
What is a Temporary Emergency Guardianship, and how does it differ from regular temporary guardianship?
A Temporary Emergency Guardianship is a more urgent form of guardianship that can be granted without prior notice to the parents or other interested parties. This type of guardianship is appropriate when there is an immediate risk of harm to the minor, and waiting for a regular temporary guardianship process could lead to irreparable damage. While a regular temporary guardianship lasts for a maximum of six months, a Temporary Emergency Guardianship is limited to 30 days unless extended by the court. This process is taken very seriously by the court and requires strong justification for the immediate need for guardianship.
Filling out the Guardianship of Minors form in Arizona can be a complex process. Many individuals make mistakes that can delay their application or even lead to its rejection. Here are eight common mistakes to avoid.
One frequent error is not completing all required forms. The application process includes multiple documents, such as the Petition for Temporary Appointment of a Guardian for a Minor and the Affidavit of Person to be Appointed Guardian. Omitting any of these can lead to delays or denials. Always double-check to ensure that all forms are filled out completely.
Another mistake is using the wrong ink color. The instructions specify that applicants must use black ink when filling out the forms. Using a different color can make the documents difficult to read and may result in the court rejecting your submission.
Many applicants also fail to make the required copies of their documents. It is essential to create two copies of all forms submitted to the court. This helps ensure that you have a complete record of your application and can provide necessary documents if requested.
Incorrectly identifying the appropriate court can lead to significant issues. Applicants must file their forms at the correct facility based on their zip code. Ignoring this detail may result in unnecessary delays as the case is redirected to the proper location.
Some individuals neglect to pay the filing fee or apply for a fee waiver. It is crucial to either pay the fee or request a deferral before submitting your documents. Failure to address this requirement can halt the entire process.
Another common oversight is not scheduling a hearing date when necessary. If you are applying for permanent guardianship, you must take additional steps to set a hearing date. Failing to do so can lead to confusion and delays in your case.
Many applicants also overlook the importance of providing complete and accurate information. Errors in names, addresses, or other personal details can complicate the process. It is vital to review all entries for accuracy before submission.
Finally, some individuals do not seek legal advice when needed. While it is possible to navigate the process independently, consulting with a lawyer can help clarify complex issues and improve your chances of a successful application. Taking this step can save time and reduce frustration.
When seeking guardianship of minors in Arizona, there are several important documents that may accompany the Guardianship of Minors form. Understanding these documents can help ensure a smoother process. Below is a list of commonly used forms related to guardianship.
These documents play a crucial role in the guardianship process, each serving a specific purpose. Being familiar with them can help individuals navigate the legal requirements more effectively.
The Guardianship of Minors form in Arizona shares similarities with several other legal documents related to guardianship and child welfare. Each document serves a distinct purpose but often overlaps in its intent to protect minors. Here are six documents that are similar to the Guardianship of Minors Arizona form:
When filling out the Guardianship Of Minors Arizona form, consider the following guidelines:
Additionally, avoid the following common mistakes:
When it comes to the Guardianship of Minors form in Arizona, there are several misconceptions that can lead to confusion. Understanding the facts can help ensure a smoother process. Here are eight common misconceptions:
Understanding these misconceptions can help individuals better navigate the guardianship process in Arizona. Being informed can lead to more effective planning and decision-making.
Understand the Purpose: The Guardianship of Minors Arizona form is designed for individuals seeking to appoint a temporary or emergency guardian for minors under the age of 18. This is particularly useful when immediate action is needed.
Eligibility Criteria: To use these forms, the minor must reside in Maricopa County, and the proposed guardian cannot be one of the minor's parents. This ensures that the guardian is an independent party.
Duration of Guardianship: Temporary guardianship lasts up to six months. If longer guardianship is needed, a separate petition for permanent guardianship must be filed.
Emergency Situations: In urgent cases, a temporary emergency guardianship can be granted without prior notice to the parents. However, this is only allowed when immediate harm to the minor is likely.
Document Preparation: Complete all necessary forms in black ink. Ensure that the Petition for Temporary Appointment of a Guardian for a Minor is filled out accurately, and make two copies of all documents.
Filing Process: Documents must be filed at the appropriate Juvenile Court facility based on the petitioner's zip code. Be sure to bring the original documents and copies to the Clerk's office for filing.
Fees and Waivers: A filing fee is required, but if payment poses a challenge, you can apply for a fee deferral or waiver. This option helps ensure that financial constraints do not hinder the guardianship process.