Name: John Even
Address: 1221 East Osborn Road, Phoenix, Arizona, 85014
Telephone: 602-277-7000
Price range: Free 30 Minute Consultation
Rating: 4.9

Free 30 Minute Consultation 602-663-9263

Each month, I receive several calls from clients whose parents or loved ones are incapacitated and need assistance. These clients want to help, but are not sure what to do. Sometimes the family member has previously signed powers of attorney or other estate planning documents to address this situation, but sometimes they have not.

What can they do?

In general, if the incapacitated person has these documents in place, then the health care power of attorney, the mental health care power of attorney, and the living will appoint an agent to handle the person’s health care needs and address personal care decisions and end of life issues. In addition, if they have signed a durable general power of attorney, it will appoint an agent to pay their bills and manage their finances. Moreover, if they have created a trust and funded it properly, then the trustee can handle the same financial functions. However, if the parent or loved one does not have these documents in place, then they will most likely need a guardian to be appointed for their care and a conservator to be appointed to take care of their finances.

In Arizona, a guardian and conservator is appointed by the court.

Although different states may use different terminology in this situation, in Arizona, a guardianship is the appointment by the court of an individual to provide care and make personal decisions for an incapacitated adult. In Arizona, a conservatorship is a court proceeding to appoint an individual to manage the financial affairs of an incapacitated adult who is unable to manage his or her own property or financial affairs. In order to have someone appointed as a guardian or conservator of your loved one, it is necessary to file a petition with the court, which requires a medical report, a court investigator’s report, and other significant court costs, in addition to attorney’s fees. Moreover, if a guardianship and/or conservatorship proceeding is initiated, the courts are involved in the situation, and once they are the courts are involved, they tend to stay involved. I will discuss the details of the appointment process and the powers of a guardian and conservator in a separate blog.

How can a guardianship or conservatorship be avoided in this situation?

Generally speaking, with proper planning ahead of time, a guardianship and conservatorship proceeding (and the significant costs related to such proceeding) can be avoided. Most of the time, if the person has executed a valid health care power of attorney, mental health care power of attorney, and living will (for end of life decisions), a guardianship can be avoided. In addition, most of the time, a validly-executed durable general power of attorney and/or a properly funded trust will enable the named agent or trustee to manage the assets and financial affairs of the incapacitated person without the need for a conservatorship. However, if the person is already incapacitated, then it is too late to execute these documents, because they have to have a certain level of capacity to be able to sign them.

Call me today – 602.277.7000

John Even Our firm has helped hundreds of families just like yours handle a wide variety of estate planning, probate, and guardianship/conservatorship issues. In particular, we have the experience in handling all different kinds of estate planning, probate, trust administration, guardianship, and conservatorship matters. When families are not getting along, we can also help you to handle any disputes and litigation related to these types of matters as well. Please give me a call, so that I can help you work through these difficult issues with confidence.

By John Even | Published August 25, 2014 | Posted in Estate Planning

Testimonials

"Thank you for my peace of mind, knowing that my estate and medical attention are in place for my children to handle easily. I appreciate your expertise covering areas I was unaware I should address. John and his staff were very professional and efficient in my estate amendment. I highly recommend this office." -Chris February 28, 2025
"One of the best decisions I ever made was selecting John Even to oversee settlement of my mom’s estate/trust. His wisdom and insight on reaching a positive outcome for each family member was priceless. Without his patient encouragement over three years, I would have settled for a bad compromise early on. Each meeting was concise and educational. John only proposed a meeting when necessary, saving our estate thousands of dollars. " -Bradley December 03, 2024
"It was a pleasure to work with Attorney John B. Even and his excellent legal assistant, Emily, and paralegal, Jacqueline. This competent team seamlessly worked to develop our Will and Family Trust. Mr. Even patiently explained each document to us. John is a knowledgeable and compassionate attorney with a deep understanding of the law and a great ability to clearly explain complex legal issues. " -Rita November 22, 2024
"I enjoyed working with him and his team - everybody was delightful, and they made the process very easy. John is warm and friendly, impressively knowledgeable and explained all the details in simple terms for me to understand. I now have peace of mind about how my assets will be distributed and wishes will be carried out and know that my loved ones won't be burdened by debate, hassle, or financial hardship if I ever end up incapacitated." -Mirelle April 18, 2024
"We have known John Even for many years. So, I will say that he was our first choice. I get many advertisements in the mail for trusts and estate planning and at various prices. I called a few of them. We stayed with John for several reasons. He had a flat fee with us. So there was NO chance of getting billed extra hours for this and that. Which is often the cast once you sign on the dotted line. John was very explanatory about the process of setting up a trust, He looked at all our information. our children, accounts, and many things I had never considered. This was what I needed to get clear on the whole process. " -Thomas January 28, 2024
"Attorney Even and his staff are professional, personable, responsive, and clearly expert in the estate planning world. The time spent gathering our information allowed Mr. Even to produce thoughtful, custom documentation that will serve us well. The print and electronic versions of our records that were provided will make maintaining them, and sharing them as appropriate, very easy...a real plus." -Larrh January 24, 2024
"Our Estate Planning journey with John B. Even and his team was a “5 Star” experience! John’s character, values, and knowledge was evident throughout the entire process. John and his team listened carefully to our wishes, and yet, asked great questions to help us collaborate on exactly the right Estate Plan. We would highly recommend John and his team!" -Rob & Terri September 25, 2023
"Once I made my initial call to Mr. Even‘s office I never looked back – great decision! His staff is courteous, caring and efficient. Mr. Even is professional, highly knowledgeable, good listener and adviser. I highly recommend Mr. Even. It is a privilege to have him on my team!" -Trusts & Estates May 14, 2018
"John is an excellent wordsmith, and did a great job of putting my thoughts, ideas, and issues into a clear legal document. I have known and worked with him for 25 years on business issues, including business purchases, of two companies and then selling them for retirement. He is also a delightful person to work with and has an excellent group of to-workers." -Estate Planning May 3, 2018
"He was willing to spend time explaining things." -Estate Planning February 24, 2018

Reviews and Ratings

5.0/5.0

I have known John Even professionally for 20+ years and he displays the highest level of integrity and honesty in serving his clients.

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Marketing Partner
5.0/5.0

He is an excellent attorney, very knowledgeable, and very helpful to the community.

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Managing Partner
5.0/5.0

I have always been very impressed with John as an attorney, but perhaps most importantly, as a really great person of the highest ethics. I highly recommend John for the highest Martindale Hubbell rankings.

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Partner
5.0/5.0

John is a highly competent and ethical attorney working in the area of estate planning. I have worked with Mr. Even on several cases, both on opposite sides and the same side of issues. He is very professional, thorough and fair.

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Partner
5.0/5.0

i would hire this lawyer for my mother

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Managing Partner