Other Family Issues

questions & answers

Question: My brother who is mentally disabled, has come to live with me. What do I steps do I need to take to gain legal custody/guardianship of him from my mother who is willing to give me custody?

Answer:

You may want to review the laws governing guardianship over an alleged incapacitated person that can be found in Title 14, Chapter 5, Article 3, starting with A.R.S. § 14-5301. You may want to look at A.R.S. § 14-5303 which discusses the procedures for a court appointed guardian.

You can also find forms online or through your local Superior Court self service center. In Maricopa County and in Pima County, you can find guardianship forms on the Superior Courts' website.

Because guardianship can be complicated, you may wish to contact a qualified attorney to assist you with this process.

QUESTIONS

  • My brother who is mentally disabled, has come to live with me. What do I steps do I need to take to gain legal custody/guardianship of him from my mother who is willing to give me custody?

STORIES

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OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

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