questions & answers

Question: I am my sisters gaurdian and She just graduated and from high school and she feels that she grown and doesn't want to put anymore strain on me. Which we had an agreement, saying once she graduated she can move out. So does she need any papers say she can make it on her own.

Answer:

It really depends on the situation. For instance, it depends on whether your sister is 18 or younger, whether your sister is attempting to be emancipated or just wishing to live on her own and whether she will be renting an apartment or living with someone.

Generally, as the guardian, you will be responsible for your sister's well-being while you are still considered her guardian. See A.R.S. § 14-5209, which states that, "A guardian of a minor has the powers and responsibilities of a custodial parent regarding the ward's support, care and education. A guardian is not personally liable for the ward's expenses and is not liable to third persons by reason of the relationship for acts of the ward." You may also want to review the Maricopa County Superior Court forms on termination of guardianship of a minor. You can find the form on the Court's website.

If your question is about emancipation rather than termination of guardianship, you may want to find out more about emancipation, by looking over the forms on the Maricopa County Superior Cout's website. You may also want to review the laws on emancipation. Here are some of the statutes: A.R.S. § 12-2451 (petitioning for emancipation), A.R.S. § 12-2453 (Factors the court considers), A.R.S. § 12-2453 (Effect of Emancipation)

 However, this is just general information. To see how the law applies to your specific situation, you may want to contact an attorney.