Protected Person – Glossary | RJP Estate Planning

Someone whose financial affairs are managed by a court-appointed conservator due to an inability to manage property independently.

A protected person is someone whose financial affairs are managed by a court-appointed conservator. Arizona courts appoint conservators under A.R.S. Title 14, Chapter 5. This happens when a person cannot manage their own property and business affairs. The cause may be cognitive decline, disability, or illness. Minors with significant assets also qualify.

How Someone Becomes a Protected Person

The process begins with a petition to the court. A family member, interested party, or the person themselves can request a conservator. The court must find two things. First, the person cannot manage their property well. Second, their assets will be wasted without proper oversight. The court then appoints a conservator to handle the financial side.

Rights of a Protected Person

Being a protected person does not erase all rights. Arizona law (A.R.S. 14-5407) preserves certain rights. These include the right to dignity, free communication, and participation in care decisions. The conservator must act in the protected person's best interest. Under A.R.S. 14-5427, the conservator must also respect the person's existing estate plan.