Legal Question in Wills and Trusts in Arizona

Re: Guardian for my children

As a technical matter, you cannot appoint a guardian, only the Court can do that. What you can do, is nominate a person or persons that you want to act as a guardian for your child, and then that person would go to court, petition for appointment and show the court that you nominated that person to serve. The nomination is not binding on the court.

If you have all of your assets in the Trust, (and under the pour over will, assets owned individually will be put into the trust after probate), then no conservator is needed and your successor trustee will handle the income and the assets of the trust for the benefit of the beneficiaries of the trust. When you made the trust agreement, you should have appointed a Sucessor Trustee, you may not die but be incapacitated, and need someone to take over the duties of trustee.

Re: Guardian for my children

A guardian for children is appointed in a Will. If you and your spouse die, the person appointed will file an application to have the court approve the guardianship based on the will. The court generally approves the person appointed and gives that person priority over anyone else who might try to claim guardianship.

Re: Guardian for my children

I will agree in part with those who have answered you, but respectfully disagree in part.

The appointment of guardian is made in the will, not the trust or the power of attorney.

A guardian so appointed can be issued guardianship papers without a hearing or approval of a judge, but most attorneys are not aware of this. I have personally done it in Maricopa County in a case two years ago.

To make sure your papers are properly done, see an estate attorney. You are always welcome to speak with me in a brief, no obligation free initial consultation. 480.835.1500.

Best regards,

James D. Jenkins