If you are wondering whether or not a guardianship is right in your situation, you’ve probably already sought out the legal terminology and studied the definition. You know that a guardian may be appointed for an individual (referred to in guardianship proceedings and documentation as the “ward”) if the ward is shown to be incapacitated; making the guardian a necessity in order to provide for and care for the needs of the ward. Generally speaking, the guardian has similar powers over the ward as a parent has over a child.
A legal guardian has the power to make decisions on behalf of the ward. For instance, the guardian may choose where the ward lives. They must also provide for the ward’s care and education. The guardian is also responsible for providing and arranging for the ward’s appropriate medical care.
Once it is determined that a guardianship may be necessary, one of the most common questions that comes up is whether or not the ward will still be allowed to drive. If you are wondering whether or not a guardianship will automatically suspend the ward’s driver’s license, you can depend on Arizona law to provide a succinct answer.
A.R.S. Section 14-5304.01 says that a guardianship does not automatically terminate the ward’s driver’s license or prevent them from seeking and obtaining a driver’s license in the state of Arizona. Rather, it states that upon appointment of a guardian, “the court may determine that the ward’s privilege to obtain or retain a driver’s license should be suspended and issue an order suspending the privilege.”
In guardianship cases where it would be best for the ward to retain their driver’s license or when the ward’s condition and/or situation does not prohibit them from operating a motor vehicle safely, Arizona law dictates that the court should be presented with sufficient medical or other evidence that would establish that the ward’s incapacity does not keep them from being a safe driver. The court will consider information they are provided with when determining whether or not to suspend the ward’s privilege to obtain or retain their driver’s license. They may even issue an order specifically allowing the ward to obtain or retain an Arizona state driver’s license.
Information Not Legal Advice. This website has been prepared for general information purposes only. The information on this website is not legal advice. Legal advice is dependent upon the specific circumstances of each situation. Also, the law may vary from state-to-state or county-to-county, so that some information in this website may not be correct for your situation. Finally, the information contained on this website is not guaranteed to be up to date. Therefore, the information contained in this website cannot replace the advice of competent legal counsel licensed in your jurisdiction.