Guardianship of Minor

questions & answers

Question: My mother was deported , i need gurdianship for my 6 year old sister so she can go to school i am 18 now can i get gurdianship or do i have to be older ?

Answer:

The following is provided for general information only. To find out how the law applies to a specific situation, contact an attorney directly.
Arizona does not have a set age for becoming a guardian of a minor but instead look to the best interest of the minor. To qualify to become a guardian you are required to submit a finger print card as well as consent to a criminal background investigation. In addition the court looks at the sustainability of the guardian and the ability to provide for the minor. A.R.S. Title 14 contains the laws governing the appointment of a guardian of a minor. Two particular statutes that may be helpful to you can be found below.
A.R.S. §14-5206. Court appointment of guardian of minor; qualifications; priority of minor's nominee; fingerprints
A. The court shall appoint as guardian a person whose appointment would be in the best interests of the minor. The court may appoint a person nominated by the minor, if the minor is fourteen years of age or older, unless the court finds the appointment contrary to the best interests of the minor.
B. Before the court may appoint as guardian a person unrelated to the minor, the court shall, in order to determine the applicant's suitability as a guardian, require the potential guardian to furnish a full set of fingerprints to the court to enable a criminal background investigation to be conducted. The court shall submit the completed fingerprint card with the fee prescribed in section 41-1750 to the department of public safety. The applicant shall bear the cost of obtaining the criminal background information. The cost shall not exceed the actual cost of obtaining the applicant's criminal background information. The department of public safety shall conduct criminal history records checks pursuant to section 41-1750 and applicable federal law. The department of public safety is authorized to submit fingerprint card information to the federal bureau of investigation for a national criminal history records check.

A.R.S. §14-5207. Formal appointment of guardian of minor; procedure
A. Any person interested in the welfare of a minor may petition the court for appointment of a guardian. The court shall then set a hearing date. The petitioner shall give notice of the time and place of the hearing in the manner prescribed by section 14-1401 to:
1. A minor who is at least fourteen years of age.
2. The person who has had the principal care and custody of the minor during the sixty days preceding the date of the petition.
3. Any living parent of the minor.
B. Upon hearing, if the court finds that a qualified person seeks appointment, venue is proper, the required notices have been given, the requirements of section 14-5204 have been met and the welfare and best interests of the minor will be served by the requested appointment, it shall make the appointment and issue letters on the acceptance of the proposed guardian. In other cases the court may dismiss the proceedings or make any other disposition of the matter that will best serve the interests of the minor.
C. If necessary, the court may appoint a temporary guardian, with the status of an ordinary guardian of a minor, but the authority of a temporary guardian shall not last longer than six months.
D. If, at any time in the proceeding, the court determines that the interests of the minor are or may be inadequately represented, it may appoint an attorney to represent the minor, giving consideration to the preference of the minor if the minor is at least fourteen years of age.

 A.R.S. Title 14
http://www.azleg.gov/ArizonaRevisedStatutes.asp?Title=14
A.R.S. § 14-5206
http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/14/05206.htm&Title=14&DocType=ARS
A.R.S. § 14-2507
http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/14/05207.htm&Title=14&DocType=ARS