Advocacy
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Appeal
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Conservatorship
Generally speaking, “Conservatorship” is the appointment by the Court of a person, or entity, to manage the financial affairs for the benefit of someone who is not able to do so for himself.
Decedent’s Estates
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Developmentally Disabled
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Exploited & Abused Adults
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Guardianship
In a nutshell, “Guardianship” is the appointment by the Court of a person, or entity, to make decisions regarding the physical body – not finances – on behalf of someone who is not able to do so for her or himself (the “ward”). Broadly put, a Guardian has all of the powers that a parent has with respect to their minor child. Guardianships are particularly useful in situations where the ward can make or articulate decisions regarding their person, and when there is no other surrogate decision making mechanism (health care power of attorney, for example) that is viable.
In Arizona, a Guardianship may be “tailored” to address specific need by limiting it to only address specific needs. Guardianship authority, if not limited, includes the ability to authorize psychiatric treatment, except for the placement of the ward in a locked facility. However, upon petition and approval, the Guardian my acquire mental health treatment inpatient authority. The added authority permits the Guardian to authorize placement of the ward – assuming the ward meets the criteria needed for court-ordered mental health treatment – in a locked psychiatric facility. The “inpatient authority” exists for up to twelve months, and must be renewed annually in order to maintain the authority.
Litigation
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Protective Proceedings
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Seriously Mentally Ill
“Seriously Mentally Ill” (“SMI”) is both a specific term of art, and a generally used phrase. As a term of art, it refers to the specific psychiatric criteria necessary to obtain psychiatric services from a Regional Behavioral Health Agency (“RBHA”). In the more general sense, it describes conditions that might entitle, or cause, a person to be admitted into the Arizona court-ordered treatment (“COT”) process sometimes referred to as “Title 36”, “court-ordered evaluation”, and “COE”. The court-ordered treatment process is set forth in Arizona Revised Statutes 36-501 et Seq. It is important to note that the criteria for “SMI” is actually different than the criteria for “mental disorder” as defined by the court-ordered treatment statutes. In short, it is possible for a person to be court-ordered for treatment, but not be SMI – and thus not receive services! To say the mental health system in Arizona can be confusing is to commit gross understatement.
Trusts
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Wills
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